January 23 issue (all sections)

Volume 40 Number 4
January 23, 2015
Pages 359 - 414
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Secretary of State –
Nandita Berry
Director –
Robert Sumners
a section of the
Office of the Secretary of State
P.O. Box 12887
Austin, TX 78711-3824
(512) 463-5561
FAX (512) 463-5569
http://www.sos.state.tx.us
[email protected]
Staff
Leti Benavides
Dana Blanton
Elaine Crease
Deana Lackey
Jill S. Ledbetter
Michelle Miner
Joy Morgan
Rachel Rigdon
Barbara Strickland
IN THIS ISSUE
GOVERNOR
Proclamation 41-3388 ......................................................................363
Proclamation 41-3389 ......................................................................363
Proclamation 41-3390 ......................................................................363
Proclamation 41-3391 ......................................................................364
22 TAC §§76.1, 76.3, 76.5, 76.7, 76.9, 76.11, 76.13, 76.15, 76.17,
76.19, 76.21 .....................................................................................376
ADVERTISING AND PUBLIC COMMUNICATION
22 TAC §§77.1 - 77.3, 77.5 .............................................................376
CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS
Proclamation 41-3392 ......................................................................364
22 TAC §78.1, §78.2 ........................................................................376
Proclamation 41-3393 ......................................................................365
LICENSURE OF CERTAIN OUT-OF-STATE
APPLICANTS
Proclamation 41-3394 ......................................................................365
Proclamation 41-3395 ......................................................................365
ATTORNEY GENERAL
Requests for Opinions......................................................................367
Requests for Opinions......................................................................367
PROPOSED RULES
22 TAC §79.1, §79.3 ........................................................................377
PROFESSIONAL CONDUCT
22 TAC §§80.1 - 80.3, 80.5, 80.7, 80.9, 80.11, 80.13......................377
RULEMAKING
22 TAC §81.1, §81.3 ........................................................................377
RULEMAKING
TEXAS HIGHER EDUCATION COORDINATING
BOARD
22 TAC §71.1, §71.2 ........................................................................377
RULES APPLYING TO ALL PUBLIC INSTITUTIONS
OF HIGHER EDUCATION IN TEXAS
22 TAC §§72.1 - 72.12 ....................................................................378
19 TAC §§4.53, 4.56, 4.57, 4.59 ......................................................369
19 TAC §4.288, §4.290 ....................................................................371
TEXAS JUVENILE JUSTICE DEPARTMENT
RULES FOR STATE-OPERATED PROGRAMS AND
FACILITIES
37 TAC §380.8787 ...........................................................................372
WITHDRAWN RULES
OFFICE OF THE ATTORNEY GENERAL
MUNICIPAL SECURITIES
1 TAC §§53.1 - 53.30 ......................................................................373
1 TAC §§53.1 - 53.22 ......................................................................373
ADOPTED RULES
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
APPLICATIONS AND APPLICANTS
22 TAC §§71.1 - 71.3, 71.5 - 71.7, 71.9 - 71.12, 71.15, 71.17, 71.19 375
LICENSES AND RENEWALS
22 TAC §§73.1 - 73.5, 73.7 .............................................................375
CHIROPRACTIC FACILITIES
22 TAC §§74.1 - 74.3, 74.5, 74.9 ....................................................375
RULES OF PRACTICE
22 TAC §§75.1 - 75.4, 75.6 - 75.11, 75.13, 75.15, 75.17, 75.19, 75.21,
75.23, 75.25 .....................................................................................376
FORMAL SOAH PROCEEDINGS
APPLICATIONS AND APPLICANTS
CHIROPRACTIC FACILITIES
22 TAC §§73.1 - 73.5 ......................................................................378
CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS
22 TAC §74.1, §74.2 ........................................................................378
LICENSES AND RENEWALS
22 TAC §§75.1 - 75.7 ......................................................................379
LICENSURE OF CERTAIN OUT-OF-STATE
APPLICANTS
22 TAC §76.1, §76.2 ........................................................................379
PROFESSIONAL CONDUCT
22 TAC §§77.1 - 77.12 ....................................................................379
RULES OF PRACTICE
22 TAC §§78.1 - 78.17 ....................................................................379
SOAH HEARINGS
22 TAC §§79.1 - 79.11.....................................................................380
TEXAS BOARD OF NURSING
FEES
22 TAC §223.1 .................................................................................380
DELEGATION OF NURSING TASKS BY
REGISTERED PROFESSIONAL NURSES TO
UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE
CONDITIONS OR IN ACUTE CARE ENVIRONMENTS
22 TAC §§224.1 - 224.3, 224.5 - 224.11 .........................................381
TEXAS DEPARTMENT OF INSURANCE
TABLE OF CONTENTS
40 TexReg 361
PROPERTY AND CASUALTY INSURANCE
Texas Department of Licensing and Regulation
28 TAC §5.208 .................................................................................382
Vacancies on Electrical Safety and Licensing Advisory Board .......401
IN ADDITION
Vacancies on Used Automotive Parts Recycling Advisory Board ..401
Office of Consumer Credit Commissioner
Texas Lottery Commission
Notice of Rate Ceilings ....................................................................393
Instant Game Number 1667 "Tetris®".............................................401
Texas Commission on Environmental Quality
Instant Game Number 1676 "Cash Countdown" .............................405
Agreed Orders ..................................................................................393
North Central Texas Council of Governments
Enforcement Orders .........................................................................396
Notice of Contract Award for Bus Route Planning Services ...........410
Extension of Comment Period for 30 TAC Chapter 101 Proposal ..397
Public Utility Commission of Texas
Extension of Comment Period for 30 TAC Chapter 115 Proposal ..397
Notice of Petition for True-Up of 2012 Federal Universal Service Fund
Impacts to Texas Universal Service Fund .......................................410
Extension of Comment Period for 30 TAC Chapter 117 Proposal ..397
Notice of Water Quality Applications..............................................397
Texas Facilities Commission
Request for Proposals #303-5-20485...............................................399
Texas Department of Transportation
Notice of Availability: Final Environmental Impact Statement (Final
EIS) State Highway 45 Southwest in Travis and Hays Counties,
Texas ................................................................................................ 411
Department of Family and Protective Services
Notice of Availability of Draft Environmental Impact Statement - State
Highway 249 Extension from Farm-to-Market Road 1774 in Montgomery and Grimes Counties........................................................... 411
Criminal History Requirements for Child Care Operations ............400
Public Hearing Notice - Texas Transportation Plan 2040................412
Department of State Health Services
Public Hearing Notice - Unified Transportation Program ...............412
Correction of Error...........................................................................400
Workforce Solutions for the Heart of Texas
Texas Department of Insurance
Public Notice Request for Proposal for Texas Rising Star Assessor Services .................................................................................................413
Request for Proposals #303-6-20484...............................................399
Company Licensing .........................................................................400
TABLE OF CONTENTS
40 TexReg 362
Proclamation 41-3388
Proclamation 41-3389
TO ALL TO WHOM THESE PRESENTS SHALL COME:
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, the resignation of The Honorable Glenn Hegar, and its
acceptance, has caused a vacancy to exist in Texas Senate District No.
18, which consists of Aransas, Austin, Burleson, Calhoun, Colorado,
DeWitt, Fayette, Goliad, Gonzales, Jackson, Lavaca, Lee, Matagorda,
Refugio, Victoria, Waller, Washington, and Wharton counties, and
parts of Fort Bend, Harris, and Nueces counties; and
I, RICK PERRY, Governor of the State of Texas, issued an Emergency Disaster Proclamation on July 5, 2011, certifying that exceptional drought conditions posed a threat of imminent disaster in specified counties in Texas.
WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election
be ordered upon such a vacancy; and
WHEREAS, the vacancy has occurred during the 60 days immediately
prior to the date of convening the 84th Regular Session of the Texas
Legislature (said date being January 13, 2015), and therefore, pursuant
to Section 203.013(c) of the Texas Election Code, the special election
must be held on a Tuesday or Saturday occurring no earlier than the
21st day or later than the 45th day after the date the special election is
ordered; and
WHEREAS, Section 3.003 of the Texas Election Code requires the
special election to be ordered by proclamation of the governor; and
WHEREAS, Saturday, December 6, 2014, is an appropriate election
date under Section 203.013(c) of the Texas Election Code, occurring
after the date the special election is ordered;
NOW, THEREFORE, I, RICK PERRY, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the State of
Texas, do hereby order a special election to be held in Senate District
No. 18 on Saturday, December 6, 2014, for the purpose of electing a
state senator to serve out the unexpired term of The Honorable Glenn
Hegar.
Candidates who wish to have their names placed on the special election
ballot must file their applications with the secretary of state no later
than 5:00 p.m. on Wednesday, November 19, 2014, in accordance with
Section 203.013(d) of the Texas Election Code.
Early voting by personal appearance shall begin on Wednesday,
November 26, 2014, in accordance with Section 85.001(d) of the
Texas Election Code.
A copy of this order shall be mailed immediately to the county judges of
all counties contained within Senate District No. 18, and all appropriate
writs will be issued and all proper proceedings will be followed for the
purpose that said election may be held to fill the vacancy in District No.
18 and its result proclaimed in accordance with law.
IN TESTIMONY WHEREOF, I have hereto signed my name and have
officially caused the Seal of State to be affixed at my office in the City
of Austin, Texas, this the 14th day of November, 2014.
Rick Perry, Governor
WHEREAS, significantly low rainfall has resulted in declining reservoir and aquifer levels, threatening water supplies and delivery systems
in many parts of the state; and
WHEREAS, prolonged dry conditions continue to increase the threat
of wildfire across many portions of the state; and
WHEREAS, these drought conditions have reached historic levels and
continue to pose an imminent threat to public health, property and the
economy; and
WHEREAS, this state of disaster includes the counties of Archer,
Armstrong, Bandera, Baylor, Bexar, Bosque, Briscoe, Burnet, Carson,
Childress, Clay, Collin, Collingsworth, Colorado, Comal, Comanche,
Cottle, Crosby, Dallam, Dallas, Denton, DeWitt, Dickens, Donley, Eastland, Edwards, El Paso, Erath, Fisher, Floyd, Foard, Frio,
Garza, Gillespie, Gray, Hall, Hansford, Hardeman, Hartley, Haskell,
Hemphill, Hidalgo, Hill, Hood, Hopkins, Hudspeth, Hutchinson, Irion,
Jack, Johnson, Jones, Kendall, Kerr, King, Knox, Lamb, Lipscomb,
Llano, Matagorda, McLennan, Medina, Montague, Moore, Motley,
Palo Pinto, Parker, Parmer, Potter, Real, Rockwall, Shackelford,
Sherman, Somervell, Stephens, Stonewall, Tarrant, Throckmorton,
Tom Green, Travis, Uvalde, Val Verde, Victoria, Walker, Wharton,
Wheeler, Wichita, Wilbarger, Willacy, Williamson, Wise, Young and
Zavala.
THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the
disaster proclamation and direct that all necessary measures, both public and private as authorized under Section 418.017 of the code, be
implemented to meet that threat.
As provided in Section 418.016 of the code, all rules and regulations
that may inhibit or prevent prompt response to this threat are suspended
for the duration of the state of disaster.
In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.
IN TESTIMONY WHEREOF, I have hereunto signed my name and
have officially caused the Seal of State to be affixed at my office in the
City of Austin, Texas, this the 24th day of November, 2014.
Rick Perry, Governor
TRD-201500055
♦
♦
♦
Proclamation 41-3390
TRD-201500054
♦
♦
♦
TO ALL TO WHOM THESE PRESENTS SHALL COME:
GOVERNOR January 23, 2015
40 TexReg 363
WHEREAS, one proposed amendment to the Constitution of Texas was
voted on in the Constitutional Amendment Election held on November
4, 2014; and
WHEREAS, on the 1st day of December, 2014, I, Rick Perry, Governor of the State of Texas, did certify the tabulation prepared by the
Secretary of State; and
WHEREAS, the tabulation and total of the votes cast for and against the
proposed amendment established that the voters of the State of Texas
adopted the following the proposed amendment by a majority vote to
wit:
PROPOSITION 1 as submitted by Senate Joint Resolution No. 1 authorizing the legislature to transfer certain money from the general revenue fund to the state highway fund and the economic stabilization
fund. Money transferred to the state highway fund may be used solely
for the construction, maintenance and acquisition of rights-of-way for
public roadways.
IN TESTIMONY WHEREOF, I have hereunto signed my name and
have officially caused the Seal of State to be affixed at my office in the
City of Austin, Texas, this the 1st day of December, 2014.
IN TESTIMONY WHEREOF, I have hereto signed my name and have
officially caused the Seal of State to be affixed at my office in the City
of Austin, Texas, this the 15th day of December, 2014.
Rick Perry, Governor
TRD-201500063
♦
♦
♦
Proclamation 41-3392
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, the declination of office by The Honorable Mike Villarreal, and its acceptance on December 10, 2014, has caused a vacancy
to exist in Texas House District No. 123, which consists of a part of
Bexar County; and
WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election
be ordered upon such a vacancy; and
Rick Perry, Governor
TRD-201500062
♦
♦
♦
Proclamation 41-3391
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, the resignation of The Honorable Leticia Van de Putte
has caused a vacancy to exist in Texas Senate District No. 26, which
consists of a part of Bexar County; and
WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election
be ordered upon such a vacancy; and
WHEREAS, the vacancy has occurred during the 60 days immediately
prior to the date of convening the 84th Regular Session of the Texas
Legislature (said date being January 13, 2015), and therefore, pursuant
to Section 203.013(c) of the Texas Election Code, the special election
must be held on a Tuesday or Saturday occurring no earlier than the
21st day or later than the 45th day after the date the special election is
ordered; and
WHEREAS, Section 3.003 of the Texas Election Code requires the
special election to be ordered by proclamation of the governor; and
WHEREAS, Tuesday, January 6, 2015, is an appropriate election date
under Section 203.013(c) of the Texas Election Code, occurring after
the date the special election is ordered;
NOW, THEREFORE, I, RICK PERRY, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the State of
Texas, do hereby order a special election to be held in Senate District
No. 26 on Tuesday, January 6, 2015, for the purpose of electing a state
senator to serve out the unexpired term of The Honorable Leticia Van
de Putte.
Candidates who wish to have their names placed on the special election
ballot must file their applications with the secretary of state no later than
5:00 p.m. on Monday, December 22, 2014, in accordance with Section
203.013(d) of the Texas Election Code.
Early voting by personal appearance shall begin on Monday, December
29, 2014, in accordance with Section 85.001(d) of the Texas Election
Code.
40 TexReg 364
A copy of this order shall be mailed immediately to the County Judge
of Bexar County, and all appropriate writs will be issued and all proper
proceedings will be followed for the purpose that said election may be
held to fill the vacancy in District No. 26 and its result proclaimed in
accordance with law.
January 23, 2015
Texas Register
WHEREAS, the vacancy has occurred during the 60 days immediately
prior to the date of convening the 84th Regular Session of the Texas
Legislature (said date being January 13, 2015), and therefore, pursuant
to Section 203.013(c) of the Texas Election Code, the special election
must be held on a Tuesday or Saturday occurring no earlier than the
21st day or later than the 45th day after the date the special election is
ordered; and
WHEREAS, Section 3.003 of the Texas Election Code requires the
special election to be ordered by proclamation of the governor; and
WHEREAS, Tuesday, January 6, 2015, is an appropriate election date
under Section 203.013(c) of the Texas Election Code, occurring after
the date the special election is ordered;
NOW, THEREFORE, I, RICK PERRY, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the State of
Texas, do hereby order a special election to be held in House District
No. 123 on Tuesday, January 6, 2015, for the purpose of electing a state
representative to serve the term of The Honorable Mike Villarreal.
Candidates who wish to have their names placed on the special election
ballot must file their applications with the secretary of state no later than
5:00 p.m. on Monday, December 22, 2014, in accordance with Section
203.013(d) of the Texas Election Code.
Early voting by personal appearance shall begin on Monday, December
29, 2014, in accordance with Section 85.001(d) of the Texas Election
Code.
A copy of this order shall be mailed immediately to the County Judge
of Bexar County, and all appropriate writs will be issued and all proper
proceedings will be followed for the purpose that said election may be
held to fill the vacancy in District No. 123 and its result proclaimed in
accordance with law.
IN TESTIMONY WHEREOF, I have hereto signed my name and have
officially caused the Seal of State to be affixed at my office in the City
of Austin, Texas, this the 15th day of December, 2014.
Rick Perry, Governor
TRD-201500064
♦
♦
♦
Proclamation 41-3393
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, the resignation of The Honorable Tim Kleinschmidt, and
its acceptance on December 10, 2014, has caused a vacancy to exist
in Texas House District No. 17, which consists of Bastrop, Caldwell,
Gonzales, Karnes, and Lee counties; and
WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election
be ordered upon such a vacancy; and
WHEREAS, the vacancy has occurred during the 60 days immediately
prior to the date of convening the 84th Regular Session of the Texas
Legislature (said date being January 13, 2015), and therefore, pursuant
to Section 203.013(c) of the Texas Election Code, the special election
must be held on a Tuesday or Saturday occurring no earlier than the
21st day or later than the 45th day after the date the special election is
ordered; and
WHEREAS, Section 3.003 of the Texas Election Code requires the
special election to be ordered by proclamation of the governor; and
WHEREAS, Tuesday, January 6, 2015, is an appropriate election date
under Section 203.013(c) of the Texas Election Code, occurring after
the date the special election is ordered;
NOW, THEREFORE, I, RICK PERRY, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the State of
Texas, do hereby order a special election to be held in House District
No. 17 on Tuesday, January 6, 2015, for the purpose of electing a state
representative to serve the term of The Honorable Tim Kleinschmidt.
Candidates who wish to have their names placed on the special election
ballot must file their applications with the secretary of state no later than
5:00 p.m. on Monday, December 22, 2014, in accordance with Section
203.013(d) of the Texas Election Code.
Early voting by personal appearance shall begin on Monday, December
29, 2014, in accordance with Section 85.001(d) of the Texas Election
Code.
A copy of this order shall be mailed immediately to the county judges of
all counties contained within House District No. 17, and all appropriate
writs will be issued and all proper proceedings will be followed for the
purpose that said election may be held to fill the vacancy in District No.
17 and its result proclaimed in accordance with law.
IN TESTIMONY WHEREOF, I have hereto signed my name and have
officially caused the Seal of State to be affixed at my office in the City
of Austin, Texas, this the 15th day of December, 2014.
Rick Perry, Governor
TRD-201500065
♦
♦
♦
Proclamation 41-3394
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, The Honorable Lois W. Kolkhorst has been elected to
serve as state senator in District No. 18 and has taken the oath for
said office resulting in a vacancy for the elected term in Texas House
District No. 13, which consists of Austin, Burleson, Colorado, Fayette,
Grimes, Lavaca, and Washington counties; and
WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election
be ordered upon such a vacancy; and
WHEREAS, the vacancy has occurred during the 60 days immediately
prior to the date of convening the 84th Regular Session of the Texas
Legislature (said date being January 13, 2015), and therefore, pursuant
to Section 203.013(c) of the Texas Election Code, the special election
must be held on a Tuesday or Saturday occurring no earlier than the
21st day or later than the 45th day after the date the special election is
ordered; and
WHEREAS, Section 3.003 of the Texas Election Code requires the
special election to be ordered by proclamation of the governor; and
WHEREAS, Tuesday, January 13, 2015, is an appropriate election date
under Section 203.013(c) of the Texas Election Code, occurring after
the date the special election is ordered;
NOW, THEREFORE, I, RICK PERRY, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the State of
Texas, do hereby order a special election to be held in House District
No. 13 on Tuesday, January 13, 2015, for the purpose of electing a state
representative to serve the term of The Honorable Lois W. Kolkhorst.
Candidates who wish to have their names placed on the special election
ballot must file their applications with the secretary of state no later than
5:00 p.m. on Monday, December 29, 2014, in accordance with Section
203.013(d) of the Texas Election Code.
Early voting by personal appearance shall begin on Monday, January
5, 2015, in accordance with Section 85.001(d) of the Texas Election
Code.
A copy of this order shall be mailed immediately to the county judges of
all counties contained within House District No. 13, and all appropriate
writs will be issued and all proper proceedings will be followed for the
purpose that said election may be held to fill the vacancy in District No.
13 and its result proclaimed in accordance with law.
IN TESTIMONY WHEREOF, I have hereto signed my name and have
officially caused the Seal of State to be affixed at my office in the City
of Austin, Texas, this the 22nd day of December, 2014.
Rick Perry, Governor
TRD-201500066
♦
♦
♦
Proclamation 41-3395
TO ALL TO WHOM THESE PRESENTS SHALL COME:
I, RICK PERRY, Governor of the State of Texas, issued an Emergency Disaster Proclamation on July 5, 2011, certifying that exceptional drought conditions posed a threat of imminent disaster in specified counties in Texas.
WHEREAS, significantly low rainfall has resulted in declining reservoir and aquifer levels, threatening water supplies and delivery systems
in many parts of the state; and
WHEREAS, prolonged dry conditions continue to increase the threat
of wildfire across many portions of the state; and
WHEREAS, these drought conditions have reached historic levels and
continue to pose an imminent threat to public health, property and the
economy; and
WHEREAS, this state of disaster includes the counties of Archer,
Armstrong, Bandera, Baylor, Bexar, Bosque, Briscoe, Burnet, Carson,
Childress, Clay, Collin, Collingsworth, Colorado, Comal, Comanche,
Cottle, Crosby, Dallam, Dallas, Denton, DeWitt, Dickens, Donley,
Eastland, Edwards, El Paso, Erath, Fannin, Floyd, Foard, Frio,
Garza, Gillespie, Gray, Hall, Hansford, Hardeman, Hartley, Haskell,
Hemphill, Hidalgo, Hill, Hood, Hopkins, Hudspeth, Hutchinson, Irion,
GOVERNOR January 23, 2015
40 TexReg 365
Jack, Johnson, Karnes, Kaufman, Kendall, Kerr, King, Knox, Lamb,
Lipscomb, Llano, Matagorda, McLennan, Medina, Montague, Moore,
Motley, Oldham, Palo Pinto, Parker, Parmer, Potter, Real, Rockwall,
Shackelford, Sherman, Somervell, Stephens, Stonewall, Tarrant,
Throckmorton, Tom Green, Travis, Uvalde, Val Verde, Victoria,
Walker, Wharton, Wheeler, Wichita, Wilbarger, Willacy, Williamson,
Wise, Young and Zavala.
In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.
THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the
disaster proclamation and direct that all necessary measures, both public and private as authorized under Section 418.017 of the code, be
implemented to meet that threat.
TRD-201500061
As provided in Section 418.016 of the code, all rules and regulations
that may inhibit or prevent prompt response to this threat are suspended
for the duration of the state of disaster.
40 TexReg 366
January 23, 2015
Texas Register
IN TESTIMONY WHEREOF, I have hereunto signed my name and
have officially caused the Seal of State to be affixed at my office in the
City of Austin, Texas, this the 22nd day of December, 2014.
Rick Perry, Governor
♦
♦
♦
Requests for Opinions
Requests for Opinions
RQ-0003-KP
RQ-0004-KP
Requestor:
Requestor:
The Honorable Bill Callegari
The Honorable Juan Hinojosa
Chair, Committee on Pensions
Chair, Committee on Intergovernmental Relations
Texas House of Representatives
Texas State Senate
P.O. Box 2910
Post Office Box 12068
Austin, Texas 78768-2910
Austin, Texas 78711-2068
Re: Regulatory authority of the Barton Springs-Edwards Aquifer Conservation District (RQ-0003-KP)
Re: Questions relating to the Galveston City Charter and a tax increment zone governed by chapter 311 of the Tax Code (RQ-0004-KP)
Briefs requested by February 13, 2015.
Briefs requested by February 12, 2015
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-201500038
Amanda Crawford
General Counsel
Office of the Attorney General
Filed: January 9, 2015
TRD-201500084
Amanda Crawford
General Counsel
Office of the Attorney General
Filed: January 13, 2015
♦
♦
♦
♦
♦
ATTORNEY GENERAL January 23, 2015
♦
40 TexReg 367
TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION
COORDINATING BOARD
CHAPTER 4. RULES APPLYING TO
ALL PUBLIC INSTITUTIONS OF HIGHER
EDUCATION IN TEXAS
SUBCHAPTER C. TEXAS SUCCESS
INITIATIVE
The amendments are proposed under the Texas Education
Code, §51.307, which provides the Coordinating Board with the
authority to adopt rules to implement the provisions of Texas
Education Code, §51.3062, concerning the Texas Success
Initiative.
The amendments affect the Texas Education Code, §51.3062.
§4.53. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (6) (No change.)
19 TAC §§4.53, 4.56, 4.57, 4.59
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §§4.53, 4.56, 4.57, and 4.59,
concerning the Texas Success Initiative (TSI), to support developmental education reform efforts as related to Texas Education
Code (TEC), §51.3062, Success Initiative.
Specifically, these amendments will provide institutions of higher
education a more precise definition of the co-requisite and
course pairing options which allow institutions to co-enroll qualifying students in developmental and college-level coursework,
will add language to clarify that deviations to TSI Assessment
administration processes and requirements are disallowed, will
provide clarification for the college readiness standard for the
writing portion of the TSI Assessment by outlining the required
components and allowable combinations in meeting the standards, and clarify when an underprepared student may enroll in
college-level coursework and is considered college-ready.
Dr. Judith Loredo, Assistant Commissioner, College Readiness
and Success, has determined that for each year of the first five
years the amended sections are in effect, there will not be any
fiscal implications to state or local government as a result of enforcing or administering the rules.
Dr. Loredo has also determined that for each year of the first five
years the sections are in effect, the public benefit anticipated as
a result of administering the sections will be the improvement
of persistence and success of entering college freshmen determined not to be college-ready. There is no effect on small businesses. There are no anticipated economic costs to persons
who are required to comply with the sections as proposed. There
is no impact on local employment.
Comments on the proposal may be submitted to Dr. Suzanne
Morales-Vale, Director of Developmental and Adult Education, Texas Higher Education Coordinating Board, P.O.
Box 12788, Austin, Texas 78711 or [email protected] Comments will be accepted for 30 days
following publication of the proposal in the Texas Register.
(7) Co-requisite (also known as mainstreaming)--An
instructional strategy whereby students are co-enrolled in a developmental education course or NCBO, as defined in paragraph (18) of this
section, and the entry-level freshman course of the same subject matter
within the same semester. The developmental component provides
support aligned directly with the learning outcomes, instruction, and
assessment of the entry-level freshman course, and makes necessary
adjustments as needed in order to advance students' success in the
entry-level freshman course.
(8) [(7)] Course Pairing [(also known as Mainstreaming)]-An instructional strategy whereby students are co-enrolled [enrolled
simultaneously] in a developmental education course [and/or intervention] and the entry-level freshman course of the same subject matter
within the same semester. The developmental component provides
support aligned directly with the learning outcomes, instruction, and
assessment of the entry-level freshman course, and makes necessary
adjustments as needed in order to advance [that advances] students'
success in the entry-level freshman course.
(9) [(8)] Developmental Coursework and/or Intervention-Non-degree-credit coursework and/or activity designed to address a
student's strengths and needs in the areas of reading, writing, integrated
reading and writing (IRW), mathematics, and student success.
(10) [(9)] Developmental Education--Pre-college, non-degree credit courses, interventions, tutorials, laboratories, and other
means of assistance that are included in a plan to ensure the success of
a student in performing entry-level academic coursework.
(11) [(10)] Differentiated Instruction--The different instructional processes used to work within a student's varied skill levels,
motivational attitudes, and learning preferences.
(12) [(11)] Differentiated Placement--Advising and placement of students based on individual strengths and needs.
(13) [(12)] Entry-level course (sometimes referred to as
entry-level freshman coursework)--Any course for academic credit
in which a freshman student typically enrolls: the course shall not
have prerequisites and is open to any student meeting TSI standards
as defined in §4.57 of this title (relating to College Ready and Adult
PROPOSED RULES
January 23, 2015
40 TexReg 369
Basic Education (ABE) Standards) and/or meeting at least one of
the exemptions or waivers as defined in §4.54 of this title (relating
to Exemptions, Exceptions, and Waivers). These courses (or their
local equivalent in Texas Common Core Numbering System) include,
but are not limited to, ENGL 1301, HIST 1301, PSYC 2301, GOVT
2305/2306, MATH 1314/1414/1324/1332/1342, SOCI 1301, PHIL
1301, SPCH 1311/1315, COSC 1401, HUMA 1301, ARTS 1301, and
BIOL 1306/1406.
(14) [(13)] Institution of higher education or institution-Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher
education as defined in Texas Education Code, §61.003(8).
(15) [(14)] Mathematics Pathway Models--Developmental
and basic academic skills coursework/interventions that prepare students for academic/workforce training programs and careers.
(16) [(15)] Measurable Learning Outcomes--Knowledge,
skills, and abilities, and/or attitudes that students should be able to
demonstrate upon completion of a course and/or intervention.
(17) [(16)] Minimum Passing Standards--The minimum
scores which must be attained by a student in reading, writing, and
mathematics in the TSI Assessment Instrument that indicates the
student's readiness to enroll in entry-level freshman courses as defined
in paragraph (12) of this section. These scores are set forth in §4.57
of this title.
(18) [(17)] Non-Course Competency-Based Developmental Education Interventions (also known as Non-Semester-Length Interventions or NCBO)--Interventions that use learning approaches designed to address a student's identified weaknesses and effectively and
efficiently prepare the student for college-level work. These interventions must be overseen by an instructor of record, must not fit traditional
course frameworks, and cannot include advising or learning support
activities already connected to a traditional course; interventions may
include, but are not limited to, tutoring, supplemental instruction, or
labs.
(19) [(18)] Non-Degree Credit Course--A course which
may not be counted toward a degree or certificate. The term includes
developmental education, pre-collegiate, and general continuing
education courses.
(20) [(19)] Professional Development--The provision of
ongoing and systematic learning opportunities for developmental
educators and support staff that focus on research-based strategies,
methodologies, and best practices resulting in effective and efficient coursework and/or interventions advancing the cognitive and
non-cognitive skills of underprepared students seeking post-secondary
enrichment, certificates, and degrees.
(21) [(20)] Program Evaluation--A systematic method of
collecting, analyzing, and using information to answer questions about
developmental education courses, interventions, and policies, particularly about their effectiveness and cost-efficiency.
(22) [(21)] Technology--The use of instructional aids,
methods and/or other computer-based tools that enhance student
learning.
(23) [(22)] TSI Assessment Time Periods--For phase-in of
TSI Assessment college-ready standards, the following time periods
shall be applicable:
(A) Phase I--Start date: institution's first class day of
fall 2013; expiration: the day immediately before the first class day of
fall 2017;
40 TexReg 370
January 23, 2015
Texas Register
(B) Phase II--Start date: institution's first class day of
fall 2017; expiration: the day immediately before the first class day of
fall 2019; and
(C) Final Phase--Start date: institution's first class day
of fall 2019; no expiration.
(24) [(23)] TSI Assessment--The Board-approved assessment instrument designated in §4.56 of this title (relating to Assessment
Instrument) for use by institutions of higher education for assessing a
student's readiness to enroll in an entry-level freshman course.
§4.56. Assessment Instrument.
Beginning with the institution's first class day of Academic Year (fall)
2013, an institution of higher education shall use the TSI Assessment
offered by the College Board as the only Board-approved assessment
instrument under this title. Any previously-employed assessments
(ACCUPLACER, Compass, THEA, Asset, Compass ESL, ACCUPLACER ESL) can no longer be used under this title for entering
students who initially enroll in any course on or after the institution's
first class day in fall 2013 or for any students retesting for TSI purposes. Institutions administering the TSI Assessment must follow the
requirements and processes for test administration as set forth by the
THECB and the test vendor.
§4.57.
College Ready and Adult Basic Education (ABE) Standards.
(a) - (b) (No change.)
(c) The Phase I, II, and Final Phase college readiness passing
standard for the writing portion of the TSI Assessment is a placement
score of at least 350, and an essay score of at least a 5. Other demonstrations of writing college readiness include a placement score of at
least 363, and an essay score of 4; or a placement score of less than
350, and an ABE Diagnostic level of at least a 4, and an essay score of
at least a 5. [However, an essay score of 4 will meet this standard if the
student also meets the multiple choice writing standard of 363.]
(d) - (e)
(No change.)
§4.59. Determination of Readiness to Perform Entry-Level Freshman
Coursework.
(a) An institution shall determine when a student is ready to
perform entry-level freshman coursework using:
(1) Developmental education coursework and/or intervention learning outcomes developed by the Board based on the Texas College and Career Readiness Standards; [and]
(2) Student performance on one or more appropriate assessments, including scores resulting from a student's retaking of the
TSI Assessment; and[.]
(3) Student qualification for one or more TSI exemptions
as outlined in §4.54 of this title (relating to Exemptions, Exceptions,
and Waivers).
(b) An institution may enroll a student who has not met the
college readiness standard on the TSI Assessment and is not otherwise
exempt in an entry-level freshman course if the student is co-enrolled in
developmental education, as defined in §4.53(7) or §4.53(8) of this title (relating to Texas Success Initiative). Successful completion of the
entry-level freshman course is demonstration of the student's college
readiness, independent of his/her performance in co-enrolled developmental education.
(c) [(b)] As indicators of readiness, institutions shall consider,
as appropriate:
(1) Performance in developmental education.
(2)
Performance in appropriate non-developmental course-
work.
(d) [(c)] A student may retake an assessment instrument at any
time, subject to availability, to determine the student's readiness to perform entry-level freshman coursework.
(e) [(d)] An institution shall, as soon as practicable and feasible, indicate a student's readiness in reading, mathematics, and writing
on the transcript of each student. Student readiness in mathematics is
indicated as either:
(1) ready for any entry-level freshman mathematics
coursework; or
(2) ready only for non-Algebra intensive courses, including MATH 1332/1342/1442 (or their local equivalent).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on January 12,
2015.
♦
The amendments affect the implementation of Texas Education
Code, §61.0512(d) and (f).
§4.288. Notification of Low-Producing Degree Programs.
(a) Coordinating Board staff will post online [send each institution] an annual list of low-producing degree programs.
(b) The Board will alert an institution's governing board each
year [institution] when a degree program has not met the minimum
standards for three consecutive years. [A second alert will follow if
that degree program has not met the minimum standards for four consecutive years.]
(c) Completers of career technical certificate programs that are
reported under the same CIP code as an existing applied associate's
degree program will be counted as completers of the corresponding
applied associate's degree program for purposes of determining lowproducing status.
(d) Academic associate degree programs are not considered to
be low producing if they lead to transfer into four-year programs.
TRD-201500069
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: February 22, 2015
For further information, please call: (512) 427-6114
♦
The amendments are proposed under the Texas Education
Code, Chapter 61, §61.0512, which provides the Coordinating
Board with the authority to review existing degree programs at
public institutions of higher education.
♦
SUBCHAPTER R. REVIEW OF LOWPRODUCING DEGREE PROGRAMS
19 TAC §4.288, §4.290
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §4.288 and §4.290, concerning the periodic review of low-producing degree and certificate
programs at public institutions of higher education. The intent
of the amendments is to clarify the process Coordinating Board
staff follow regarding the review of low-producing degree and
certificate programs.
Rex Peebles, Assistant Commissioner for Academic Quality and
Workforce, has determined that for the first five years there will
be no fiscal implications for state or local governments as a result
of amending §4.288 and §4.290.
§4.290. Consequences for Non-Exempt Low-Producing Degree Programs.
Coordinating Board staff may [will] recommend to the institution's
governing board [or to an institution where a system does not exist]
the closure of any non-exempt degree program which has been on
the annual list of low-producing programs for three or more consecutive years. If the governing board [or institution] does not accept the
recommendation to close the program, then the university system or,
where a system does not exist, the institution must identify the program
[programs] recommended for closure on the next legislative appropriations request submitted by the system or institution. If a system or
institution is required to identify a degree program on its legislative
appropriations request, the system or institution should also develop a
plan to allow the degree program to achieve the minimum standard for
the degree awarded, or if the standard is not attainable, provide a rationale describing the merits of continuing the degree program.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on January 12,
2015.
Dr. Peebles has also determined that for the first five years the
amendments are in effect, the public benefits anticipated as a
result of administering the sections will be a clarification of the
process the Coordinating Board uses in its review of low-producing degree and certificate programs. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
TRD-201500070
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: February 22, 2015
For further information, please call: (512) 427-6114
Comments on the proposed amendments may be submitted by
mail to Rex C. Peebles, Assistant Commissioner, Texas Higher
Education Coordinating Board, P.O. Box 12788, Austin, Texas
78711 or via email at [email protected]
Comments will be accepted for 30 days following publication of
the proposal in the Texas Register.
TITLE 37. PUBLIC SAFETY AND CORREC-
♦
♦
♦
TIONS
PART 11. TEXAS JUVENILE JUSTICE
DEPARTMENT
PROPOSED RULES
January 23, 2015
40 TexReg 371
CHAPTER 380. RULES FOR STATEOPERATED PROGRAMS AND FACILITIES
SUBCHAPTER B. TREATMENT
DIVISION 2. PROGRAMMING FOR YOUTH
WITH SPECIALIZED TREATMENT NEEDS
37 TAC §380.8787
The Texas Juvenile Justice Department (TJJD) proposes
amendments to §380.8787 relating to Sex Offender Risk Assessment.
SUMMARY OF CHANGES
Subsection (c) will clarify that the sex offender risk assessment
used by TJJD is a validated instrument.
Subsection (d) will clarify that there is no requirement for staff
to be certified in administering the risk assessment instrument.
Staff must be trained by a qualified trainer, but there is no certification process for those who are trained.
FISCAL NOTE
Mike Meyer, Chief Financial Officer, has determined that for each
year of the first five years the amended section will be in effect,
there is no significant fiscal impact to state or local governments
as a result of enforcing or administering the section.
PUBLIC BENEFIT/COSTS
Teresa Stroud, Senior Director of State Programs and Facilities, has determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated
as a result of administering the section will be the availability of
up-to-date rules that more accurately reflect TJJD's current organizational structure and practices.
Mr. Meyer has also determined that there will be no effect on
small businesses or micro-businesses. There is no anticipated
economic cost to persons who are required to comply with the
section as proposed. No private real property rights are affected
by adoption of this section.
(a) Purpose. The purpose of this rule [policy] is to ensure compliance with Chapter 62 of the Texas Code of Criminal Procedure, regarding the assignment of a risk level for sex offenders who are in the
custody of the Texas Juvenile Justice Department (TJJD). [Youth Commission (TYC).]
(b) Applicability. This rule applies to youth [Youth] who have
been adjudicated for a sex offense that requires [are subject to] sex
offender registration. [are required by law to have a risk assessment
completed and a risk level assigned prior to release from a secure facility.]
(c) Definitions. As used in this rule, the following terms [shall]
have the following meanings, unless the context clearly indicates otherwise.
(1) Risk Assessment Review Committee (RARC)--A
statutorily mandated committee created to oversee the assignment of
sex offender risk levels. [level.] The committee is administered by the
Texas Department of Criminal Justice.
(2) Sex Offender Risk Assessment--The validated [An
evaluation procedure or] instrument used to determine the risk for
sexual re-offending.
(d)
[(1)] Each [All] youth adjudicated for a sex offense that
requires [subject to] sex offender registration must [will] have a risk
assessment [assessments] completed by trained [and certified] staff
prior to the youth's release from a [TYC] secure facility operated by
or under contract with TJJD. [or a TYC contract care high restriction
facility.]
[(2)] The youth is then [Youth are] assigned a risk level
based on the risk assessment instrument(s) approved by the RARC.
(e)
(f)
STATUTORY AUTHORITY
The amended section is proposed under Texas Human Resources Code §242.003, which authorizes TJJD to adopt rules
appropriate to the proper accomplishment of its functions and to
adopt rules for governing TJJD schools, facilities, and programs.
The section is also proposed under Texas Code of Criminal
Procedure §62.053, which requires TJJD to determine a youth's
level of risk to the community using the sex offender screening
tool developed or selected under §62.007 and assign to the
person a numeric risk level of one, two, or three. The section
is also proposed under Texas Code of Criminal Procedure
§62.007, which allows TJJD to override a risk level under certain
circumstances.
No other statute, code, or article is affected by this proposal.
§380.8787. Sex Offender Risk Assessment.
40 TexReg 372
January 23, 2015
Texas Register
Overrides.
[(1)] If a risk level is not believed to be an accurate prediction of the risk the youth poses to the community, TJJD [TYC] may
override the risk level or submit a request to the RARC for an override
decision. The justification for a decision to override a risk level must
be documented and filed in the youth's case file.
PUBLIC COMMENTS
Comments on the proposal may be submitted within 30 days after publication of this notice to Steve Roman, Policy Coordinator, Texas Juvenile Justice Department, P.O. Box 12757, Austin,
Texas 78711 or by email to [email protected]
Risk Assessment.
Notifications.
[(2)] TJJD notifies [TYC will notify the facility,] the
youth[,] and, if the youth is under 18 years of age, the youth's parents/guardian, of the result of the risk assessment and the outcome of
any [determinations made regarding an] override requests. [of the risk
level.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on January 12,
2015.
TRD-201500071
Jill Mata
General Counsel
Texas Juvenile Justice Department
Earliest possible date of adoption: February 22, 2015
For further information, please call: (512) 490-7014
♦
♦
♦
♦
TITLE 1. ADMINISTRATION
PART 3. OFFICE OF THE ATTORNEY
GENERAL
CHAPTER 53. MUNICIPAL SECURITIES
SUBCHAPTER A. APPROVAL OF MUNICIPAL
SECURITIES BY ATTORNEY GENERAL
1 TAC §§53.1 - 53.30
The Office of the Attorney General withdraws the proposed repeal of §§53.1 - 53.30 which appeared in the August 1, 2014,
issue of the Texas Register (39 TexReg 5845).
Filed with the Office of the Secretary of State on January 12,
♦
♦
1 TAC §§53.1 - 53.22
The Office of the Attorney General withdraws proposed new
§§53.1 - 53.22 which appeared in the August 1, 2014, issue of
the Texas Register (39 TexReg 5845).
Filed with the Office of the Secretary of State on January 12,
2015.
TRD-201500068
Diane Morris
Assistant General Counsel
Office of the Attorney General
Effective date: January 12, 2015
For further information, please call: (512) 936-1180
♦
2015.
♦
♦
TRD-201500067
Diane Morris
Assistant General Counsel
Office of the Attorney General
Effective date: January 12, 2015
For further information, please call: (512) 936-1180
WITHDRAWN RULES
January 23, 2015
40 TexReg 373
TITLE 22. EXAMINING BOARDS
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
PART 3. TEXAS BOARD OF
CHIROPRACTIC EXAMINERS
CHAPTER 71.
APPLICANTS
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning applications and applicants for a license.
APPLICATIONS AND
22 TAC §§71.1 - 71.3, 71.5 - 71.7, 71.9 - 71.12, 71.15, 71.17,
71.19
The Texas Board of Chiropractic Examiners adopts the repeal
of Chapter 71, §§71.1 - 71.3, 71.5 - 71.7, 71.9 - 71.12, 71.15,
71.17 and 71.19, concerning Applications and Applicants, without changes to the proposal as published in the September 26,
2014, issue of the Texas Register (39 TexReg 7659). The repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning applications and applicants for a license.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500039
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 73.
♦
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500040
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 74.
♦
♦
CHIROPRACTIC FACILITIES
22 TAC §§74.1 - 74.3, 74.5, 74.9
The Texas Board of Chiropractic Examiners adopts the repeal of
Chapter 74, §§74.1 - 74.3, 74.5 and 74.9, concerning Facilities
and Facility Registrations, without changes to the proposal as
published in the September 26, 2014, issue of the Texas Register (39 TexReg 7660). The repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning applications and applicants for a license.
♦
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
LICENSES AND RENEWALS
22 TAC §§73.1 - 73.5, 73.7
The Texas Board of Chiropractic Examiners adopts the repeal
of Chapter 73, §§73.1 - 73.5 and 73.7, concerning Licenses and
Renewals, without changes to the proposal as published in the
September 26, 2014, issue of the Texas Register (39 TexReg
7659). The repeals will not be republished.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500041
ADOPTED RULES
January 23, 2015
40 TexReg 375
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 75.
♦
Filed with the Office of the Secretary of State on January 9, 2015.
♦
RULES OF PRACTICE
22 TAC §§75.1 - 75.4, 75.6 - 75.11, 75.13, 75.15, 75.17, 75.19,
75.21, 75.23, 75.25
The Texas Board of Chiropractic Examiners adopts the repeal
of Chapter 75, §§75.1 - 75.4, 75.6 - 75.11, 75.13, 75.15, 75.17,
75.19, 75.21, 75.23, and 75.25, concerning Rules of Practice,
without changes to the proposal as published in the September
26, 2014, issue of the Texas Register (39 TexReg 7660). The
repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning the rules of practice.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500042
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
♦
♦
♦
CHAPTER 77. ADVERTISING AND PUBLIC
COMMUNICATION
22 TAC §§77.1 - 77.3, 77.5
The Texas Board of Chiropractic Examiners adopts the repeal of
Chapter 77, §§77.1 - 77.3 and 77.5, concerning Advertising and
Public Communication, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register
(39 TexReg 7662). The repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning advertising and public communication.
Filed with the Office of the Secretary of State on January 9, 2015.
♦
22 TAC §§76.1, 76.3, 76.5, 76.7, 76.9, 76.11, 76.13, 76.15,
76.17, 76.19, 76.21
The Texas Board of Chiropractic Examiners adopts the repeal of
Chapter 76, §§76.1, 76.3, 76.5, 76.7, 76.9, 76.11, 76.13, 76.15,
76.17, 76.19 and 76.21 concerning Formal SOAH Proceedings,
without changes to the proposal as published in the September
26, 2014, issue of the Texas Register (39 TexReg 7661). The
repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning formal SOAH proceedings.
January 23, 2015
♦
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
CHAPTER 76. FORMAL SOAH
PROCEEDINGS
40 TexReg 376
TRD-201500043
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
Texas Register
TRD-201500044
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
♦
♦
CHAPTER 78. CHIROPRACTIC RADIOLOGIC
TECHNOLOGISTS
22 TAC §78.1, §78.2
The Texas Board of Chiropractic Examiners adopts the repeal
of Chapter 78, §78.1 and §78.2, concerning Chiropractic Radiologic Technologists, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register
(39 TexReg 7662). The repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning chiropractic radiologic technologists.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
No comments were received regarding the adoption.
Filed with the Office of the Secretary of State on January 9, 2015.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
TRD-201500045
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
♦
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning professional conduct.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500047
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 79. LICENSURE OF CERTAIN
OUT-OF-STATE APPLICANTS
♦
22 TAC §79.1, §79.3
The Texas Board of Chiropractic Examiners adopts the repeal
of Chapter 79, §79.1 and §79.3 concerning Licensure of Certain Out-of-State Applicants, without changes to the proposal as
published in the September 26, 2014, issue of the Texas Register (39 TexReg 7663). The repeals will not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning licensure of certain out-of-state applicants.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500046
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 80.
♦
CHAPTER 81.
♦
♦
RULEMAKING
22 TAC §81.1, §81.3
The Texas Board of Chiropractic Examiners adopts the repeal of
Chapter 81, §81.1 and §81.3, concerning Rulemaking, without
changes to the proposal as published in the September 26, 2014,
issue of the Texas Register (39 TexReg 7664). The repeals will
not be republished.
The repeals are necessary in order to clarify, retitle and reorganize new rules regarding Board procedures to provide concise
and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The sections are repealed under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules concerning applications and applicants for a license.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500048
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
PROFESSIONAL CONDUCT
♦
22 TAC §§80.1 - 80.3, 80.5, 80.7, 80.9, 80.11, 80.13
The Texas Board of Chiropractic Examiners adopts the repeal
of Chapter 80, §§80.1 - 80.3, 80.5, 80.7, 80.9, 80.11 and 80.13,
concerning Professional Conduct, without changes to the proposal as published in the September 26, 2014, issue of the Texas
Register (39 TexReg 7663). The repeals will not be republished.
CHAPTER 71.
♦
♦
RULEMAKING
22 TAC §71.1, §71.2
The Texas Board of Chiropractic Examiners adopts new §71.1
and §71.2, concerning Rulemaking, without changes to the proposed text as published in the September 26, 2014, issue of the
ADOPTED RULES
January 23, 2015
40 TexReg 377
Texas Register (39 TexReg 7665). The rules will not be republished.
The new rules in Chapter 71 will implement retitling and reorganization of the Board rules in current Chapter 81 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500050
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 72.
APPLICANTS
♦
The Texas Board of Chiropractic Examiners adopts new §§73.1
- 73.5, concerning Chiropractic Facilities, without changes to the
proposed text as published in the September 26, 2014, issue
of the Texas Register (39 TexReg 7669). The rules will not be
republished.
The new rules in Chapter 73 will implement retitling and reorganization of the Board rules in current Chapter 74 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
♦
APPLICATIONS AND
TRD-201500052
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
22 TAC §§72.1 - 72.12
The Texas Board of Chiropractic Examiners adopts new §§72.1 72.12, concerning Applications and Applicants, without changes
to the proposed text as published in the September 26, 2014,
issue of the Texas Register (39 TexReg 7666). The rules will not
be republished.
The new rules in Chapter 72 will implement retitling and reorganization of the Board rules in current Chapter 71 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500051
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
22 TAC §§73.1 - 73.5
♦
♦
♦
CHAPTER 74. CHIROPRACTIC RADIOLOGIC
TECHNOLOGISTS
22 TAC §74.1, §74.2
The Texas Board of Chiropractic Examiners adopts new §74.1
and §74.2, concerning Chiropractic Radiologic Technologists,
without changes to the proposed text as published in the
September 26, 2014, issue of the Texas Register (39 TexReg
7671). The rules will not be republished.
The new rules in Chapter 74 will implement retitling and reorganization of the Board rules in current Chapter 78 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
♦
CHAPTER 73.
CHIROPRACTIC FACILITIES
40 TexReg 378
January 23, 2015
Texas Register
TRD-201500053
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 75.
♦
♦
LICENSES AND RENEWALS
22 TAC §§75.1 - 75.7
The Texas Board of Chiropractic Examiners adopts new §§75.1
- 75.7, concerning Licenses and Renewals, without changes to
the proposed text as published in the September 26, 2014, issue
of the Texas Register (39 TexReg 7673). The rules will not be
republished.
The new rules in Chapter 75 will implement retitling and reorganization of the Board rules in current Chapter 73 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500056
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
♦
♦
♦
♦
CHAPTER 77. PROFESSIONAL CONDUCT
22 TAC §§77.1 - 77.12
The Texas Board of Chiropractic Examiners adopts new §§77.1 77.12, concerning Professional Conduct, without changes to the
proposed text as published in the September 26, 2014, issue
of the Texas Register (39 TexReg 7680). The rules will not be
republished.
The new rules in Chapter 77 will implement retitling and reorganization of the Board rules in current Chapter 80 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500058
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 76. LICENSURE OF CERTAIN
OUT-OF-STATE APPLICANTS
22 TAC §76.1, §76.2
The Texas Board of Chiropractic Examiners adopts new §76.1
and §76.2, concerning Licensure of Out-of-State Applicants,
without changes to the proposed text as published in the
September 26, 2014, issue of the Texas Register (39 TexReg
7679). The rules will not be republished.
The new rules in Chapter 76 will implement retitling and reorganization of the Board rules in current Chapter 79 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500057
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 78.
♦
♦
RULES OF PRACTICE
22 TAC §§78.1 - 78.17
The Texas Board of Chiropractic Examiners adopts new §§78.1
- 78.17, concerning Rules of Practice, without changes to the
proposed text as published in the September 26, 2014, issue
of the Texas Register (39 TexReg 7686). The rules will not be
republished.
The new rules in Chapter 78 will implement retitling and reorganization of the Board rules in current Chapter 75 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
ADOPTED RULES
January 23, 2015
40 TexReg 379
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500059
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
CHAPTER 79.
♦
♦
SOAH HEARINGS
22 TAC §§79.1 - 79.11
The Texas Board of Chiropractic Examiners adopts §§79.1
- 79.11, concerning SOAH Hearings, without changes to the
proposed text as published in the September 26, 2014, issue
of the Texas Register (39 TexReg 7699). The rules will not be
republished.
The new rules in Chapter 79 will implement retitling and reorganization of the Board rules in current Chapter 76 to provide
concise and clear guidance to the public and licensees.
No comments were received regarding the adoption.
The new rules are adopted under the Texas Occupations Code,
§201.152, which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public
health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2015.
TRD-201500060
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: January 29, 2015
Proposal publication date: September 26, 2014
For further information, please call: (512) 305-6715
♦
PART 11.
♦
♦
FEES
22 TAC §223.1
(Editor's Note: Due to a submission error, the wrong rulemaking document for an adopted amendment to 22 TAC §223.1 was published in
the January 9, 2015, issue of the Texas Register. The correct rulemaking notice, including the rule text, is published as follows.)
Introduction. The Texas Board of Nursing (Board) adopts
amendments to §223.1, concerning Fees. The amendments
are adopted without changes to the proposed text published in
the November 21, 2014, issue of the Texas Register (39 TexReg
9148).
Reasoned Justification. The amendments are adopted under
the authority of the Occupations Code §301.151 and §301.155
and are necessary to comply with budgetary requirements established by the Texas Legislature. As required by the General
40 TexReg 380
January 23, 2015
The Board's current renewal fee for a licensed vocational nurse
license is $55 each biennium. The Board's current renewal fee
for a registered nurse license is $70 each biennium. The Board's
current renewal fee for an advanced practice registered nurse
license is $60 each biennium. The adopted amendments will
reduce each level of licensure renewal by $10, thereby making
the new renewal fee for a vocational nurse license $45; the renewal fee for a registered nursing license $60; and the renewal
fee for an advanced practice registered nursing license $50. The
adopted fee reduction will decrease the agency surplus and allow the Board to abide by the Office of the Comptroller's revenue
certification.
How the Section Will Function. Adopted §223.1(a)(3)(A) sets
the renewal fee for a registered nursing license at $60. Adopted
§223.1(a)(3)(B) sets the renewal fee for a vocational nursing license at $45. Adopted §223.1(a)(16) sets the renewal fee for an
advanced practice registered nursing license at $50.
Summary of Comments and Agency Response. The Board did
not receive any comments on the proposal.
Statutory Authority. The amendments are adopted under the
Occupations Code §301.151 and §301.155.
Section 301.151 authorizes the Board to adopt and enforce rules
consistent with Chapter 301 and necessary to: (i) perform its
duties and conduct proceedings before the Board; (ii) regulate
the practice of professional nursing and vocational nursing; (iii)
establish standards of professional conduct for license holders
Chapter 301; and (iv) determine whether an act constitutes the
practice of professional nursing or vocational nursing.
TEXAS BOARD OF NURSING
CHAPTER 223.
Appropriations Act for the 2014-2015 Biennium, 83rd Texas Legislature, Regular Session, 2013, the Board is required, by a contingency revenue rider, to generate fees totaling $25,334,204. In
July, 2013, the Board voted to revise its fee structure in order to
raise this additional money. Based on a review of licensee renewal trends for the past five fiscal years, the Board expects the
number of renewals for fiscal year 2015 to increase by 3%. Provided this projection holds true, at the current fee structure, the
Board projects that it will exceed the amount of monies required
by the contingency revenue rider by approximately $4,000,000.
As a result, the Board has determined that it is appropriate to
amend its fee structure to reduce the anticipated amount of surplus that does not support the Board's 2014-2015 budget.
Texas Register
Section 301.155(a) states that the Board by rule shall establish
fees in amounts reasonable and necessary to cover the costs of
administering Chapter 301. The Board may not set a fee that existed on September 1, 1993, in an amount less than the amount
of that fee on that date.
Section 301.155(b) states that the Board may adopt a fee in
an amount necessary for a periodic newsletter to produce and
disseminate to license holders the information required under
§301.158.
Section 301.155(c) provides that the Board shall assess a surcharge of not less than $3 or more than $5 for a registered
nurse and a surcharge of not less than $2 or more than $3 for
a vocational nurse to the fee established by the Board under
§301.155(a) for a license holder to renew a license under this
chapter. The Board may use nine cents of the registered nurse
surcharge and six cents of the vocational nurse surcharge to
cover the administrative costs of collecting and depositing the
surcharge. The Board quarterly shall transmit the remainder of
each surcharge to the Department of State Health Services to
be used only to implement the nursing resource section under
§105.002, Health and Safety Code. The Board is not required to
collect the surcharge if the Board determines the funds collected
are not appropriated for the purpose of funding the nursing resource section.
(23) approval of remedial education course: $300 per
course;
(24) renewal of remedial education course: $100 per
course; and
§223.1. Fees.
(a) The Texas Board of Nursing has established reasonable and
necessary fees for the administration of its functions.
(1)
(22) Nursing Jurisprudence Examination fee: not to exceed
$25;
Examination: $100;
(25) approval of a nursing education program outside
Texas' jurisdiction to conduct clinical learning experiences in Texas:
$500.
(b) All fees are non-refundable.
(2) Endorsement: $161;
(3)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Licensure renewal (each biennium):
(A) Registered Nurse (RN): $60;
(B)
(4)
Licensed Vocational Nurse (LVN): $45;
Filed with the Office of the Secretary of State on December 22,
reactivating from inactive status:
(A)
less than four years--$10 plus current renewal fee;
(B) more than four years--$20 plus current renewal fee;
(5)
late fee for reactivation from delinquent status:
(A)
less than 90 days--$60 plus current licensure re-
newal fee;
(B) more than 90 days--$120 plus current licensure renewal fee;
(6)
♦
duplicate or substitute permanent certificate: $25;
(7) issuance of a temporary permit for completing a refresher course, a temporary permit under §301.258, or an accustomation permit: $25;
(8) approval of new nursing education programs: $2,500;
(9)
(10)
verification of licensure: $5;
verification of records: $25;
(12)
Advanced Practice Nurse initial credentials: $100;
(13)
declaratory order of eligibility: $150;
(14)
eligibility determination: $150;
(15) Licensed Vocational Nurse, Retired; Registered
Nurse, Retired; Volunteer Retired Vocational Nurse (VR-VN); Volunteer Retired Registered Nurse (VR-RN); Volunteer Retired Registered
Nurse (VR-RN) with qualifications in a given advanced practice nurse
role and specialty (e.g., VR-RN, FNP): $10;
(16)
Advanced Practice Nurse renewal: $50;
(17)
Initial Prescriptive Authority: $50;
(18)
outpatient anesthesia registry renewal: $35;
(19)
outpatient anesthesia inspection and advisory opinion:
$625;
(20) fee for Federal Bureau of Investigations (FBI) and Department of Public Safety (DPS) criminal background check for licensees, initial licensure applicants and endorsement applicants as determined by fees imposed by the Criminal Justice Information Services
(CJIS) Division and the Texas Department of Public Safety;
(21)
♦
♦
CHAPTER 224. DELEGATION OF NURSING
TASKS BY REGISTERED PROFESSIONAL
NURSES TO UNLICENSED PERSONNEL FOR
CLIENTS WITH ACUTE CONDITIONS OR IN
ACUTE CARE ENVIRONMENTS
22 TAC §§224.1 - 224.3, 224.5 - 224.11
(11) bad checks: $30;
der;
2014.
TRD-201406229
Jena Abel
Assistant General Counsel
Texas Board of Nursing
Effective date: January 11, 2015
Proposal publication date: November 21, 2014
For further information, please call: (512) 305-6822
Disciplinary monitoring fees as stated in a Board or-
Introduction. The Texas Board of Nursing (Board) adopts
amendments to Chapter 224, §§224.1 - 224.3 and §§224.5
- 224.11, concerning RN Accountability for Delegated Tasks;
General Criteria for Delegation and Supervision of Delegation of
Tasks; nurse delegation relative to the Medication Aide Permit
Holder; Supervising Unlicensed Personnel Performing Tasks
Delegated by Non RN Practitioners; and delegation in relation to
Application of Other Laws and Regulations. The amendments
are adopted without changes to the proposed text published in
the December 5, 2014, issue of the Texas Register (39 TexReg
9451) and will not be republished.
Reasoned Justification. The amendments are adopted under
the authority of the Occupations Code §301.151 and §301.152.
The amendments to the chapter correct outdated references
to the "Board of Nurse Examiners" (BNE) and legal citations;
clarify "continuously provided" to include correctional health
settings; provide guidance to Advanced Practice Registered
Nurses (APRN) so they understand the APRN can use the delegation rules to delegate nursing tasks to unlicensed personnel;
clarify responsibilities of the Chief Nursing Officer (CNO) and
other Registered Nurse (RN) responsibilities when supervising
tasks delegated to unlicensed personnel or when delegated by
another practitioner; and allows RNs to delegate the collection
of capillary blood and urine tests to unlicensed personnel for
more than just "sugar and hematests."
ADOPTED RULES
January 23, 2015
40 TexReg 381
How the Sections Will Function.
The adopted amendment to §224.1(2) clarifies the phrase "continuously provided" by adding additional settings considered to
be in an acute care environment. The adopted amendment to
§224.2(1) reflects the new government code reference.
The adopted amendment to §224.3 designates the existing
paragraphs as subsections (a) and (b). The adopted amendment to §224.3(a) correctly references the "Texas Board of
Nursing". The adopted amendment to §224.3(b) provides
guidance to APRNs regarding the rules APRNs are required to
use when delegating nursing tasks to unlicensed personnel.
The adopted amendment to §224.5(a) correctly references the
"Texas Board of Nursing". The adopted amendment to §224.5(c)
is added to mirror similar requirements to §225.3(e), found in
§217.19(l)(2) and §217.20(j)(1) regarding a CNO's responsibility
related to RN delegation.
The adopted amendment to §224.6(8) adds new language to
clarify an RN's responsibility to reassess and reevaluate periodically and when changes in condition occur.
The adopted amendment to §224.7 further clarifies an RN's
responsibilities when supervising tasks delegated to unlicensed
personnel or when delegated by another practitioner. The
adopted amendments to §224.7(1) and (2) add clarifying language regarding the supervising RN. The adopted amendment
to §224.7(2)(C) is added to provide guidance consistent with
§211.11(1)(M) concerning the supervising RN's responsibility to
intervene and §211.11(1)(P) regarding the RN's responsibility to
promote the patient's safety and collaborate with the delegating
RN to foster communication.
The adopted amendment to §224.8(a)(2)(A) provides for the
RN to delegate the collection of capillary blood and urine tests
to unlicensed personnel for more than just "sugar and hematests," which is consistent with changes in nursing practice
since this rule was adopted in 2003. The adopted amendment
to §224.8(b)(1)(B) provides further clarification regarding the
employer's use of unlicensed personnel. The adopted amendment to §224.8(b)(1)(B)(v) is added to address communication
requirements between unlicensed personnel and the delegating
RN. The adopted amendment to §224.8(b)(1)(B)(vi) is added
to address the need for periodic competency verification of
unlicensed personnel.
The adopted amendment to §224.9(a) reflects recent changes to
Human Resources Code Chapter 161 and 40 Texas Administrative Code Chapter 95 that allow correctional health settings to utilize certified medication aides and will allow in the future for other
areas that may adopt similar rules. The adopted amendment
to §224.9(b)(3) reflects changes consistent with amendments to
§225.12 adopted in February 2014. The adopted amendment
to §224.9(b)(4) reflects changes consistent with amendments to
§225.10(10)(F) adopted in February 2014. The adopted amendment to §224.9(b)(5) reflects changes consistent with amendments to §225.10(10)(A) adopted in February 2014.
The adopted amendment to §224.10(a) correctly references
the "Texas Board of Nursing".
The adopted amendment
to §224.10(c) is added to provide guidance consistent with
§211.11(1)(M) concerning the supervising RN's responsibility to
intervene and §211.11(1)(P) regarding the RN's responsibility to
promote the patient's safety and collaborate with the delegating
RN to foster communication.
40 TexReg 382
January 23, 2015
Texas Register
The adopted amendment to §224.11(a) correctly references
the "Texas Board of Nursing". The adopted amendment to
§224.11(b) adds the language "facility licensing" to explain that
these laws and regulations may apply and therefore the RN
must take these into account.
Summary of Comments and Agency Response. The Board did
not receive any comments on the proposal.
Statutory Authority. The amendments are adopted under the
Occupations Code §301.151 and §301.152.
Section 301.151 authorizes the Board to adopt and enforce rules
consistent with Chapter 301 and necessary to: (1) perform its
duties and conduct proceedings before the Board; (2) regulate
the practice of professional nursing and vocational nursing; (3)
establish standards of professional conduct for license holders
under Chapter 301; and (4) determine whether an act constitutes
the practice of professional nursing or vocational nursing.
Section 301.152 defines "advanced practice registered nurse"
as a registered nurse licensed by the board to practice as an advanced practice registered nurse on the basis of completion of
an advanced educational program. The term includes a nurse
practitioner, nurse midwife, nurse anesthetist, and clinical nurse
specialist. The term is synonymous with "advanced nurse practitioner" and "advanced practice nurse."
Cross Reference to Statute. The following statutes are affected
by this adoption: the Occupations Code §301.151 and §301.152.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 7, 2015.
TRD-201500032
James W. Johnston
General Counsel
Texas Board of Nursing
Effective date: January 27, 2015
Proposal publication date: December 5, 2014
For further information, please call: (512) 305-6821
♦
♦
♦
TITLE 28. INSURANCE
PART 1. TEXAS DEPARTMENT OF
INSURANCE
CHAPTER 5. PROPERTY AND CASUALTY
INSURANCE
SUBCHAPTER A. AUTOMOBILE
INSURANCE
DIVISION 3. MISCELLANEOUS
INTERPRETATIONS
28 TAC §5.208
The commissioner of insurance adopts new 28 TAC §5.208,
concerning disclosure requirements for named driver automobile insurance policies under Insurance Code §1952.0545. The
commissioner adopts §5.208 with changes to the proposed text
published in the July 25, 2014, issue of the Texas Register (39
TexReg 5715).
Senate Bill 1567, 83rd Legislature, Regular Session (2013) created Insurance Code §1952.0545, which requires written and
oral disclosures, and contemporaneous written confirmation of
the oral disclosure, for named driver policies. To partially implement SB 1567 and Insurance Code §1952.0545, the commissioner adopted amendments to 28 TAC §5.204 on April 28,
2014, to require the named driver disclosure on auto ID cards.
In this order, the commissioner adopts new §5.208 to implement
the other named driver policy disclosures required for new and
renewal policies.
TDI received many inquiries and filings as a result of the disclosure requirements in SB 1567. Additionally, TDI received
comments following a stakeholder meeting held on December 2,
2013, and comments on an informal draft posted on TDI's website on April 3, 2014. TDI considered those comments in drafting
the proposal to adopt §5.208.
On August 20, 2014, TDI held a hearing on the proposal. In response to written comments and comments made at the hearing,
TDI made the following changes to the proposed section.
* TDI deleted the requirement that named non-owner policies
comply with the rule.
* TDI clarified the signature requirements in §5.208(c)(6).
* TDI clarified that excluded driver policies are not subject to
§5.208.
* TDI added a reference to the conspicuousness requirements
in Business and Commerce Code §1.201(B)(10).
* TDI also made several nonsubstantive editorial changes to the
rule.
REASONED JUSTIFICATION. Insurance Code §1952.0545 requires agents and insurers to provide disclosures to applicants
and insureds that named driver policies have coverage limitations. Section 5.208 is necessary to:
1. clarify the disclosure and applicability requirements; and
2. ensure that agents and insurers issuing new or renewal
named driver policies are consistent in applying the disclosure
requirements in Insurance Code §1952.0545.
Typically, a standard personal auto policy provides coverage to
almost everyone who drives the covered vehicle, unless specifically excluded. In contrast, a named driver policy does not provide coverage for individuals who are residents of the named
insured's household and are not named as insureds on the policy. Insurance Code §1952.0545 requires specific disclosures
for named driver policies at the time new or renewal policies are
issued.
The disclosures put the applicant or insured on notice that a
named driver policy has limitations in coverage and that coverage depends on who is driving the car. The disclosures alert the
applicant or insured to review the extent of coverage with the
agent or insurer. The disclosures do not say that every driver
not named on the policy is not covered-they simply alert people
that not all individuals residing in the named insured's household
are covered under the policy. Although some named driver policies cover more people than just the named insured, there may
be a substantial group of people who could drive the car and be
uninsured under the policy, including relatives, unrelated roommates, or other household residents.
Definition of "Named Driver Policy"
Section 5.208(a) and (b) clarify the definition of "named driver
policy" and the applicability of the disclosure requirements under
Insurance Code §1952.0545.
Section 5.208(a)(1) restates the definition of "named driver
policy" in Insurance Code §1952.0545(a). Insurance Code
§1952.0545(a) defines a named driver policy as "an automobile
insurance policy that does not provide coverage for an individual
residing in a named insured's household specifically unless
the individual is named on the policy. The term includes an
automobile insurance policy that has been endorsed to provide
coverage only for drivers specifically named on the policy."
Section 5.208(a)(2) clarifies that the definition of "named driver
policy" includes automobile insurance policies that do not cover
all household residents. This interpretation is consistent with the
intent of §1952.0545, which is to inform the insured or applicant
that the policy has coverage limitations that make it different from
a standard personal auto policy. For example, a policy that covers all roommates, but does not cover resident relatives, provides less coverage than a standard personal auto policy. That
information-that if an unnamed household resident drives the vehicle, the driver may not be covered-is what the Legislature intended to have insurers and agents convey to policyholders. The
disclosures required under §1952.0545 are designed to ensure
that policyholders are notified of the coverage limitations so they
can prevent people who are not covered under their policies to
drive their vehicles.
Conversely, almost all auto policies provide coverage for a resident spouse as a "covered person" under the policy, even if the
spouse is not named and the policy does not cover every other
household resident. Under a narrow reading of the definition of
"named driver policy," a policy that covers any household residents other than the household residents specifically named on
the policy-even just one-is not a named driver policy. Reading
the definition of "named driver policy" narrowly would mean that
there are virtually no named driver policies approved for use in
Texas.
Such a reading is contrary to code construction guidelines under Government Code §311.021(2) and (4), which state that it
is presumed that "the entire statute is intended to be effective,"
and that "a result feasible of execution is intended." Additionally, not requiring disclosures on policies that cover some-but
not all-unnamed household residents would frustrate the intent
of §1952.0545 by failing to warn policyholders and other interested parties who might not realize that some household residents are not covered.
Applicability: Excluded Driver Policies
Section 5.208(a)(3) states that an automobile insurance policy
that provides coverage for all residents of the insured's household is not a named driver policy, even if the policy or an endorsement excludes one or more drivers specifically by name. Those
policies are known as "excluded driver policies" or policies with
"excluded driver endorsements." Merely attaching an endorsement to specifically exclude a driver does not necessarily make
a policy a named driver policy.
An excluded driver policy is functionally the opposite of a named
driver policy. While a named driver policy generally covers
named drivers residing within the household and drivers from
outside the household operating the vehicle with permission,
an excluded driver policy generally covers all drivers except
ADOPTED RULES
January 23, 2015
40 TexReg 383
those specifically excluded from coverage by name. Those
who buy excluded driver policies are already informed that the
policy does not cover all possible drivers, because the excluded
drivers are specifically listed by name. Section 5.208(a)(3) clarifies that specifically excluding one or more household residents
by name does not make a policy a named driver policy if the
policy covers all other household residents.
However, a named driver policy that also has an excluded driver
endorsement is still a named driver policy. For example, a policy that does not cover every household resident, and that also
excludes "John Doe," is a named driver policy with an excluded
driver endorsement.
Applicability: Coverages and Renewals
Section 5.208(b)(1) clarifies that the section applies to all new
and renewal named driver policies of any term. It also clarifies
that the section applies to policies in which any type of coverage
applies only to named drivers.
Insurance Code §1952.0545 applies to every renewal of a
named driver policy. SB 1567, Section 3, states that it applies
to an insurance policy that is delivered, issued for delivery, or
renewed on or after January 1, 2014. It does not say "annually at
renewal," "at the first renewal after January 1, 2014," or "before
accepting the initial premium or fee." Instead, Insurance Code
§1952.0545(b) requires an agent or insurer to make oral and
written disclosures to the applicant or insured before accepting
any premium or fee for a named driver policy. If the disclosure
requirements were intended to apply only to new policies, only
the term "applicant" would appear in the text. The inclusion of
the word "insured" indicates that the disclosure requirements
were meant to apply to renewals.
Moreover, if the disclosure requirements were only intended to
apply to an insured with an existing policy on the effective date
of SB 1567 and to no renewals thereafter, §1952.0545(b) could
have stated, "insured with an existing policy on January 1, 2014."
Government Code §311.021(2) states that, in enacting a statute,
it is presumed that the entire statute is intended to be effective.
Ignoring the inclusion of the word "insured" would be contrary
to this presumption. In addition, the phrase "any premium or
fee" in Insurance Code §1952.0545(b) logically includes renewal
premiums.
Finally, other statutes that require automobile insurers to obtain signatures from insureds specifically allow insurers to obtain
the insured's signature only once. For example, both Insurance
Code §1952.101 (which applies to written rejection of uninsured
or underinsured motorist coverage) and §1952.152 (which applies to written rejection of personal injury protection) contain
language that specifies that the insurer is not required to offer
the rejected coverage again for reinstated or renewal policies.
These examples guide TDI on how to interpret §1952.0545. Express statutory authority was required to allow insurers to apply a rejection of coverage under Insurance Code §1952.101
or §1952.152 to future reinstated or renewal policies. Because
§1952.0545 contains no similar, express provision allowing an
insurer or agent to provide disclosures and obtain signatures
only once, TDI can only conclude that the Legislature intended
that the insurer or agent must give the disclosures and obtain the
confirming signatures each and every time the insurer or agent
accepts any premium or fee.
40 TexReg 384
January 23, 2015
Texas Register
Section 5.208(b)(2) clarifies that the section applies to all agents
and insurers offering automobile insurance in Texas, which is
consistent with Insurance Code §1952.0545(b) - (e).
Disclosure Requirements
Section 5.208(c) clarifies the disclosure requirements for named
driver policies under Insurance Code §1952.0545. Insurance
Code §1952.0545(b) requires an agent or insurer, before accepting any premium or fee for a named driver policy, to make
the following disclosure, orally and in writing, to the applicant or
insured, "WARNING: A NAMED DRIVER POLICY DOES NOT
PROVIDE COVERAGE FOR INDIVIDUALS RESIDING IN THE
INSURED'S HOUSEHOLD THAT ARE NOT NAMED ON THE
POLICY."
Insurance Code §1952.0545(c) and (d) require an agent or insurer that delivers or issues for delivery a named driver policy in
Texas to receive a copy of the disclosure in subsection (b) that
is signed by the applicant or insured, and to specifically include
in the policy and conspicuously identify on the front of any proof
of insurance document issued to the insured the required disclosure.
Insurance Code §1952.0545(e) requires the agent or insurer to
require the applicant or insured to confirm contemporaneously
in writing the provision of oral disclosure.
Section 5.208(c)(1) restates Insurance Code §1952.0545 to list
the procedural requirements. It states that an agent or insurer
may not accept a premium or fee for a named driver policy until
the agent or insurer has made the required oral and written disclosures, received a signed copy of the written disclosure, and
received a contemporaneous written confirmation of the oral disclosure.
Section 5.208(c)(2) restates the disclosure requirement in Insurance Code §1952.0545(b).
Section 5.208(c)(3) affirms that an agent or insurer may provide
the oral disclosure live or by using a recording, and allows
telephone and Internet disclosures. Though Insurance Code
§1952.0545 does not expressly allow recorded disclosures, it
also does not prohibit them. Insurance Code §1952.0545 does
not require in-person oral disclosures; and Insurance Code
§35.003 allows agents and insurers, on agreement of all parties
to the business, to conduct business electronically to the same
extent that they are authorized to conduct business otherwise.
Without an express prohibition on electronic or recorded disclosures for named driver policies, insurers and agents who comply
with the Insurance Code §1952.0545 disclosure requirements
to conduct their business may use electronic means to do so.
Section 5.208(c)(4) reiterates the requirement in Insurance Code
§1952.0545(e) for contemporaneous written confirmation of the
oral disclosure.
Section 5.208(c)(5) reiterates the requirements in Insurance
Code §1952.0545 that an agent or insurer must include the
written disclosure in the policy and on any proof of insurance
document issued to the insured, and must require an applicant
or insured to sign a copy of the disclosure.
Section 5.208(c)(6) provides that all required signatures must
be original or electronic signatures executed for each new and
renewal policy. Electronic signatures must comply with Business and Commerce Code Chapter 322 (the Uniform Electronic
Transactions Act), Insurance Code Chapter 35, and any applicable rules. Section 5.208(c)(6) also clarifies certain prohibitions
with regard to the signatures required under this section-namely,
that signatures must not precede the actual provision of the disclosure, and may not be copied, presumed, or assumed on payment.
Under §5.208(c)(7), agents and insurers must provide the English disclosures that Insurance Code §1952.0545 requires, and
may provide the disclosures in other languages.
Section 5.208(d) provides that accepting installment payments
of premium and associated fees does not, by itself, trigger a requirement for a new set of disclosures under Insurance Code
§1952.0545. Insurance Code §1952.0545(b) requires agents
and insurers to comply with the disclosure requirements before
accepting any premium or fee for a named driver policy. The
statute does not state that the disclosure must be given repeatedly during or throughout the term of the policy. Installment payments do not require a new set of disclosures because at the
time an insured makes an installment payment the policy has
already been delivered or issued, and the agent or insurer was
required to have already provided the disclosures for that policy's term.
Noncompliance
Section 5.208(e) clarifies that an agent or insurer may not
use noncompliance with Insurance Code §1952.0545 or the
proposed section as a reason to avoid liability under the policy,
and that noncompliance is not grounds for cancellation of the
insured's policy under Insurance Code §551.104. Insurance
Code §551.104 provides that an insurer may cancel a personal automobile policy only for specified reasons, including:
nonpayment of premium; fraud; if continuing the policy would
be illegal; if specific circumstances pertaining to suspension
or revocation of a driver's license or motor vehicle registration
exist; or, with proper notice, on any 12-month anniversary of the
original effective date of the policy. An agent or insurer's failure
to comply with the disclosure requirements in Insurance Code
§1952.0545 or the proposed section does not fall into any of
the categories in Insurance Code §551.104. However, nothing
in the rule or §1952.0545 prevents an insurer from canceling a
policy for the reasons allowed in Insurance Code §551.104.
TDI retains its enforcement authority to enforce violations under
the Insurance Code and any other applicable statutes and rules.
TDI's authority includes, but is not limited to, Insurance Code
Chapter 82 (Sanctions) and Chapter 83 (Emergency Cease and
Desist Orders), which apply to all companies and individuals regulated by the commissioner. The commissioner may also take
action under Chapter 86 (Revocation or Modification of Certificate of Authority; Authority to Bring Certain Actions). Not listing
specific authority or penalties for violations in each rule does not
deprive TDI of this authority. Rules typically do not articulate every possible ground for enforcement action or the range of sanctions and penalties available.
SUMMARY OF COMMENTS AND AGENCY RESPONSE.
Commenters: TDI received written comments from 21 people,
and oral comments from seven people. Some commenters submitted both written and oral comments. The commenters were:
Lone Star Insurance Agency, Harco Insurance, Independent
Insurance Agents of Texas, Sutliff & Stout, Senator Craig
Estes, Office of Public Insurance Counsel, Texas Watch,
Representative Ed Thompson, Senator Wendy Davis, Alinsco
Insurance Company, Empower MGA, Safe Auto, ACCC Insurance Company, Property Casualty Insurers Association of
America, AmWINS Specialty Auto, Insurance Council of Texas,
Nationwide Insurance, and three anonymous individuals.
Four comments from three commenters were either against
adoption of the rule before the 2015 legislative session, or
for adoption with changes. Twenty-eight comments were for
adoption with changes.
Comments on the Existence of Named Driver Policies: Four
commenters stated that TDI should eliminate named driver policies.
Agency Response to Comments on the Existence of Named
Driver Policies: TDI does not have specific statutory authority to
ban named driver policies. The Legislature did not pass House
Bill 1773, 83rd Legislature, Regular Session (2013), which would
have eliminated named driver policies.
Comments on Standard Policy Forms: Two commenters stated
that TDI should only permit standard policy forms, or only the
Insurance Services Office policy form.
Agency Response to Comments on Standard Policy Forms: TDI
does not have the statutory authority to prohibit insurers from filing their own policy forms for approval, or to refuse to approve
policy forms that comply with all applicable statutes and rules.
SB 14, 78th Legislature, Regular Session (2003) allowed insurers and advisory organizations to file for approval their own policy forms and endorsements instead of using promulgated forms,
as the previous regulatory scheme required.
Comments on Renewals-Not Required: Seven commenters
stated that the rule should not require named driver policy
disclosures at each renewal.
Agency Response to Comments on Renewals-Not Required:
Section 1952.0545 does not permit the consumer or the rule
to waive the requirement that insurers provide the disclosures
required at every renewal of a named driver policy. SB 1567,
Section 3, states that it applies to an insurance policy that is
delivered, issued for delivery, or renewed on or after January 1,
2014. It does not say "annually at renewal," "at the first renewal
after January 1, 2014," or "before accepting the initial premium
or fee." Instead, Insurance Code §1952.0545(b) requires an
agent or insurer to make oral and written disclosures to the
applicant or insured before accepting any premium or fee. If
the disclosure requirements were intended to apply only to new
policies, only the term "applicant" would appear in the text.
The Legislature's inclusion of the term "insured" indicates that
the disclosure requirements were meant to apply to renewals.
Moreover, if the disclosure requirements were only intended
to apply to an insured with an existing policy on the effective
date of SB 1567 and to no renewals thereafter, §1952.0545(b)
could have stated, "insured with an existing policy on January
1, 2014."
Government Code §311.021(2) states that, in enacting a statute,
it is presumed that the entire statute is intended to be effective.
Ignoring the inclusion of the word "insured" would be contrary to
this presumption. In addition, the phrase "any premium or fee"
in Insurance Code §1952.0545(b) logically includes renewal premiums. Finally, as previously stated, other statutes that require
insurers to obtain documents from insureds contain specific language that the insurer is not required to offer the rejected coverage again for reinstated or renewal policies. Insurance Code
§1952.0545 contains no such provision. As a result, TDI must
conclude that the disclosure requirements apply to renewals.
ADOPTED RULES
January 23, 2015
40 TexReg 385
Comments on Renewals vs. Installment Payments: One commenter stated that requiring disclosures at renewal but not for
installment payments seems arbitrary.
Two commenters stated that the rule should clearly not apply to
installment payments each time an agent or an insured accepts
an installment payment during the policy term if the disclosure
and confirmation is obtained on or before the payment of the initial premium or fee; or the policy is issued, delivered, reinstated,
or renewed.
Agency Response to Comments on Renewals vs. Installment
Payments: TDI agrees that the rule should not apply to installment payments. Distinguishing between renewals, which are offers and acceptances of an insurance contract for a new policy
term, and installment payments, which are a method of spreading out the cost of a policy over that policy's term, is reasonable.
Section 3, SB 1567, states that the bill applies to a policy that
is delivered, issued for delivery, or renewed on or after January
1, 2014. Installment payments are not like renewals. No policy
is delivered, issued, or renewed with each installment payment.
There is no change to the policy contract at each installment payment. In contrast, the insurer can make changes to the contract
at renewal.
Moreover, the insured incurs an obligation to pay at policy issuance or renewal. At renewal, the insured receives a renewal
certificate and pays for a new policy term, rather than paying part
of a debt for an existing policy term. The insured is charged the
entire premium for a policy term when the policy is issued or renewed. Installment payment arrangements are separate agreements that allow the insured to fulfill that obligation by paying it
over time, instead of all at once.
Comments on Comparing Named Driver Disclosures with Disclosures for PIP and UM/UIM: Two commenters stated that repeated disclosures and signatures have never been required
for personal injury protection coverage, uninsured and underinsured motorist coverage, the policy application, and excluded
driver endorsements. They stated that a burdensome system
will increase rates and increase the numbers of uninsured motorists; and that requiring disclosures at each renewal of a named
driver policy is unprecedented and insulting to insureds.
One commenter stated that it is unlikely that the Legislature
intended that a non-mandated coverage (that primarily being
coverage of undisclosed resident drivers) receive stronger
procedural protections than mandated coverages like personal
injury protection coverage and uninsured or underinsured motorist coverages.
Agency Response to Comments on Comparing Named Driver
Disclosures with Disclosures for PIP and UM/UIM: The requirement for disclosures at each renewal is based on the statutory
language chosen by the Legislature. Other statutes that require
insurers to obtain signatures from insureds include specific language that the insurer is not required to offer the rejected coverage again for reinstated or renewal policies. For example, Insurance Code §1952.101 (pertaining to written rejection of uninsured or underinsured motorist coverage) and §1952.152 (pertaining to written rejection of personal injury protection) specifically allow coverage rejections to apply to reinstated or renewed
policies. Insurance Code §1952.0545 contains no such provision.
Moreover, the signatures required under Insurance Code
§1952.101 and §1952.152 are rejections of coverage, rather
40 TexReg 386
January 23, 2015
Texas Register
than signatures confirming disclosure of limited coverage in the
policy delivered, issued for delivery, or renewed. The Insurance Code's specific allowance of a "once and done" waiver
of the coverages required to be offered under §1952.101 and
§1952.152 does not create a similar "once and done" allowance
for named driver disclosures and the signatures required under
Insurance Code §1952.0545, absent specific statutory language
to that effect.
Comments on Requiring Disclosures at Only the First Renewal:
One commenter stated that the rule should require disclosures
only on the first renewal after January 1, 2014, and not for subsequent renewals. The commenter stated that when a policy
renews, the policy itself just continues in force-it is not a new
policy; and that SB 1567 is meant to apply at the policy level,
for "policies," not "policy terms." The commenter also stated that
burdensome requirements at each renewal would drive some insurers out of the named driver market, would increase premiums
for others' policies, and would force people to be uninsured.
One commenter stated that the proposed rule could eventually
eliminate the popular and necessary named driver option in the
nonstandard market. The commenter stated that §1952.0545 requires disclosures only for new named driver policies after January 1, 2014, or for the first renewal after January 1, 2014; and
that, if the Legislature had intended to require disclosures at
each renewal, SB 1567, Section 3 would have said, "delivered,
issued for delivery, AND renewed," instead of "OR renewed."
The commenter stated that the bill does not say, "each," "every,"
or "all," so it was not intended to require continuous disclosure;
and that no other auto insurance requirement requires such duplication of disclosures. The commenter stated that only the written disclosure requirement applies to renewals. The commenter
stated that named driver policies are routinely sold as monthly
policies, and that renewals of policies that already have a compliant disclosure and acknowledgment should not require perpetual
reconfirmation.
Two commenters stated that requiring disclosures at each renewal is burdensome to consumers, agents, and insurers, and
would be an absurd result. The commenters stated that disclosures should be required to be given only once, at policy issuance or at the first renewal after January 1, 2014; and that
normal practice for insurance policies is to obtain signatures and
disclosures when the policy is issued, not at each renewal. The
commenters stated that proposed §5.208(c) should be amended
to either not require written disclosure and confirmation at each
renewal, or to allow companies or agents to obtain some kind
of waiver to keep from having to repeat disclosures at every renewal. The commenters also stated that proposed §5.208(d)
should be amended to delete "after complying with the disclosure requirements for each new and renewal policy," and "after
complying with the disclosure requirements each time a policy is
delivered, issued for delivery or renewed."
Agency Response to Comments on Requiring Disclosures at
Only the First Renewal: As stated above, the Insurance Code's
allowance of a "once and done" waiver of the coverages required
to be offered under §1952.101 and §1952.152 does not create a
similar "once and done" allowance for named driver disclosures
required under Insurance Code §1952.0545.
TDI cannot grant consumers the authority to waive an insurer's
statutory duty. There is a distinction between a statutory duty-a
requirement the Legislature places on insurers-and a consumer
right. A consumer may choose to waive certain rights, but a consumer does not have the authority to waive an insurer's statu-
tory obligation to obey the law by providing oral and written disclosures and receiving contemporaneous written confirmation of
the oral disclosure at each renewal.
Comments on Renewals-Required: Three commenters stated
that the rule should require named driver policy disclosures at
each renewal.
One commenter stated that TDI correctly interpreted the "or" in
the SB 1567, Section 3 statement that it applies to an insurance
policy that is delivered, issued for delivery, or renewed on or after
January 1, 2014. The commenter stated that, because SB 1567
did not explicitly allow disclosures to be given once and apply
prospectively for renewals, as in Insurance Code §1952.152(b),
which applies to personal injury protection coverage, the SB
1567 disclosures must be given at each renewal.
Another commenter stated that the bill and intent are clear that
SB 1567 does not allow for any sort of initial renewal disclosure,
and that it is obvious that the disclosures are to continue to be
delivered at each and every renewal.
TDI implements SB 1567, and part of implementing the bill is
promulgating rules to clarify the statutes.
Comments on the "Failure to Comply" Provision-Delete or Revert
to Informal Draft Language:
Comments on Using April 3, 2014, Language: Four commenters
stated that TDI should either revert to the "Failure to Comply"
language in the informal draft text TDI posted on April 3, 2014,
or delete the provision entirely.
Agency Response to Comments on Using April 3, 2014, Language: The Failure to Comply provision in the informal draft
read: When an agent or insurer does not comply with the disclosure requirements, the insurer may not avoid liability under
the policy. This language could be read to say that the insurer
could not avoid liability under the policy for any reason, even if
there is a legitimate reason for denying the claim. That was not
the intent of the provision, so TDI revised the language.
Another commenter stated that reading the bill to apply to only
the first renewal would be inconsistent with reading the bill to
apply to new policies issued after January 1, 2014.
Comment on Cancellation: One commenter stated that the proposed "Failure to Comply" provision could prevent an insurer
from canceling a policy for other appropriate underwriting or nonpayment reasons for fear of the cancellation appearing to be
based on a pretext.
Agency Response to Comments on Renewals-Required: TDI
agrees that, under SB 1567, the rule must require named driver
policy disclosures at each renewal of a named driver policy.
Agency Response to Comment on Cancellation: Nothing in
§5.208(e) prohibits canceling a named driver policy for a legitimate reason.
Comments on Rulemaking:
Comment that the Policy Should Not be Treated as a Named
Driver Policy: A commenter stated that failure to comply should
result in the policy being treated as not including the named
driver provisions, and that, until the policy is compliant, an insurer has not accepted a premium or fee for a named driver policy.
One commenter requested that TDI delay rulemaking on SB
1567 because compliance with the rule as proposed is virtually
impossible.
Another commenter requested that TDI delay rulemaking on
SB 1567, and stated an intent to introduce legislation affecting
named driver policies during the 2015 Legislative Session,
which could affect the rule as proposed.
Another commenter stated an intent to introduce legislation in the
coming session that would ban named driver policies altogether.
Another commenter stated that the rule should proceed to ensure that the intent of the law is sustained. The commenter
also stated that SB 1567, which had significant bipartisan support, intended to make certain that Texas consumers understand
the lack of coverage in named driver policies and to keep Texas
roadways safe.
Agency Response to Comments on Rulemaking: TDI declines
to delay the rule. It is possible that legislation passed in the 2015
session may change Insurance Code §1952.0545 such that TDI
would need to amend the rule. However, §1952.0545 has been
effective since January 1, 2014, and the rule does not impose
any costs that are not already required by the statute.
The rule clarifies the statutory requirements, guides insurers
to uniformly comply with those requirements, and promotes a
level playing field among insurers and agents selling named
driver policies. Allowing the uncertainty about what §1952.0545
requires to persist simply because those requirements may
change may harm consumers. The Legislature mandated that
insurers must give the required disclosures to consumers who
purchase named driver policies, regardless of the insurer or
agent from whom they purchase their policies. Insurers and
agents who are providing disclosures on every renewal of a
named driver policy should not have to compete against insurers
and agents who are not providing disclosures on every renewal.
Agency Response to Comment that the Policy Should Not
be Treated as a Named Driver Policy: Regarding the commenter's assertion that a named driver policy contract that
lacks the proper disclosures is not a named driver policy until
the disclosures are provided: a named driver policy is defined
by Insurance Code §1952.0545 based on whether it provides
coverage for all household drivers. A contract is the basis of
the business of insurance. To change the terms of an insurance
contract, the parties must formally modify the contract in writing. Contracts are generally not modified by oral agreements,
outside influences, or actions. For example, changing adjuster
behavior does not change the contract-merely telling an adjuster to adjust a claim as though a named driver policy were a
standard policy does not change a named driver policy into a
standard policy.
TDI considered whether the rule could change the policy contract
based on a condition subsequent. Section 1952.0545 does not
provide that authority; as a result, the rule will not require that an
executed insurance policy contract would be automatically converted into a different contract with different rates and actuarial
justification of those rates simply because the insurer or agent
has not complied with the statutory disclosure requirements.
Comment that §5.208(e) Does Not Add Anything Useful, and is
Too Broad: Another commenter stated that proposed §5.208(e)
would spark unnecessary litigation and does not add anything
to TDI's enforcement authority. The commenter recommends
removing or narrowing the provision.
Agency Response to Comment that §5.208(e) Does Not Add
Anything Useful, and is Too Broad: The rule clarifies that failing
ADOPTED RULES
January 23, 2015
40 TexReg 387
to comply with the statute does not allow an insurer to avoid contractual obligations under the policy. As written, this subsection
of the rule limits its scope to noncompliance with Insurance Code
§1952.0545 or §5.208. As previously discussed, TDI retains its
enforcement authority to enforce violations under the Insurance
Code and any other applicable statutes and rules.
Comments on the "Failure to Comply" Provision-Strengthen:
Five commenters stated that TDI should strengthen the "Failure
to Comply" language.
One commenter stated that the proposed "Failure to Comply"
language sends the message that noncompliance is okay as
long as the insurer or agent does not void the insurance policy.
The commenter stated that TDI should tie failure to comply with
the rule to Insurance Code Chapter 541, especially §541.060;
and that the rule should state that violators will be subject to administrative process, sanctions, and penalties under Subchapter
C or Chapter 541, and subject to all other administrative actions
available to TDI.
One commenter stated that each noncompliant policy should be
a separate violation.
One commenter stated that the "Failure to Comply" section
should be either deleted or revised to state that failure to comply
triggers a Chapter 541 violation.
One commenter stated that TDI should amend the "Failure to
Comply" provision to include the possible disciplinary action TDI
might take.
One commenter stated that the "Failure to Comply" provision
should contain specific penalties, and mentioned Insurance
Code Chapter 541.
Agency Response to Comments on the "Failure to Comply"
Provision-Strengthen: TDI disagrees that the "Failure to Comply" language suggests that noncompliance is acceptable. TDI
declines to list specific Insurance Code provisions, including
Chapter 541, because TDI's enforcement options and authority
encompass all the enforcement authority granted under the
Insurance Code to address any violations, including, but not
limited to, violations of Insurance Code §1952.0545 and the
rule. Not listing specific provisions does not limit TDI's authority,
and rules typically do not list all related enforcement provisions.
Whether each noncompliant policy constitutes a separate violation of §1952.0545 is determined on a case-by-case basis after
investigating all allegations and evidence available to TDI. TDI
will address violations of the statute and rule on a case-by-case
basis, considering all applicable statutes, sanctions, and penalties.
Comment on Signature Requirements: One commenter stated
that TDI should clarify the requirements for signatures in the rule
by adding "referenced to" to proposed §5.208(c)(6)(B)(ii); adding
"without positively confirming they do in fact exist" to proposed
§5.208(c)(6)(B)(iii); and adding "or state in any fashion" to proposed §5.208(c)(6)(C).
Agency Response to Comment on Signature Requirements:
TDI has amended the rule by adding "referenced to" to proposed
§5.208(c)(6)(B)(ii) and adding "state" to §5.208(c)(6)(C). TDI
considered adding "without positively confirming they do in fact
exist," but determined that the resulting text may be confusing
and is not necessary.
Comment on Uneven Playing Field: One commenter stated that
companies selling named driver policies and not complying with
40 TexReg 388
January 23, 2015
Texas Register
§1952.0545 or the proposed rule are making it hard for the commenter to compete.
Agency Response to Comment on Uneven Playing Field: TDI
enforces statutes and rules in a variety of ways, including
through market conduct examinations and enforcement actions.
TDI will take appropriate action when specific violations come
to its attention, and encourages the commenter to report any
specific violations.
Comments on Excluded Driver Policies: Three commenters
stated that TDI should clarify that excluded driver policies are
not subject to the rule.
One commenter stated that TDI should revise the definition of
"named driver policy" in the rule to clarify that merely attaching
an endorsement to specifically exclude a driver does not necessarily make a policy a named driver policy.
Another commenter stated that TDI should amend the rule to
define an "excluded driver policy" and make it clear that they are
not named driver policies.
Agency Response to Comments on Excluded Driver Policies:
TDI has revised the definition of "named driver policy" in the rule
to clarify that excluded driver policies are not necessarily named
driver policies.
Comment on Conspicuousness: One commenter stated that
TDI should include specific conspicuousness requirements for
the required disclosures. The commenter stated that meaningful, prominent, widespread disclosure about the limits of named
driver policies is an important first step to ensuring that drivers
are meeting their financial responsibility obligations.
Agency Response to Comment on Conspicuousness: TDI has
revised §5.208(b)(5) to add "conspicuously" and to refer to the
requirements for conspicuousness in Business and Commerce
Code §1.201(B)(10).
Comments on Recorded Disclosures: Two commenters stated
that the rule should not allow recorded oral disclosures. One
commenter stated that recorded disclosures put an extra burden
on consumers, are less effective, and do not comply with the
contemporaneousness requirement.
Agency Response to Comments on Recorded Disclosures: Section 1952.0545 does not prohibit recorded disclosures. There
are several apparent ways to satisfy the contemporaneousness
requirement with a recorded oral disclosure. These include providing the disclosure and the written confirmation over the Internet, accompanied by a date and time stamp that could be used
to verify the contemporaneousness of the disclosure and confirmation. Business and Commerce Code Chapter 311 (Uniform
Electronic Transactions Act), and Insurance Code Chapter 35
(Electronic Transactions) allow business that can be conducted
in person to be conducted electronically, with the parties' agreement. Without an express prohibition on electronic or recorded
disclosures, TDI concluded that if insurers find a way to comply
with the disclosure requirements in Insurance Code §1952.0545,
they may do so electronically.
Comments on Disclosures in Other Languages: Two commenters stated that the rule should require that named driver
policy disclosures be available in Spanish. Government Code
§2054.116 requires agencies to avoid providing program information, including notices, in English only.
Agency Response to Comments on Disclosures in Other Languages: Section 1952.0545 does not require disclosures in
Spanish. The statute requires disclosures, which are written
in English, and does not prohibit insurers from providing them
additionally in Spanish or other languages. If insurers wish
to provide disclosures in Spanish, TDI adopted a Spanish
translation of the disclosure for the prescribed auto ID card form
in 28 TAC §5.204. In amending 28 TAC §5.204 to comply with
SB 1567, TDI retained the existing requirement that insurers
make the Spanish version of the auto ID card available to
policyholders. Subsection (d)(3), Government Code §2054.116
(Spanish Language Content on Agency Websites) requires state
agencies, in a reasonable effort to provide meaningful access
to state agency information online, to avoid providing program
information, including forms, notices, and correspondence, in
English only. That requirement does not apply to information
provided by insurers or agents.
The rule allows insurers and agents to choose how to comply
with §1952.0545, as long as their methods do comply. For example, insurers and agents may be able to reasonably lower the
costs of compliance by finding ways to use computer or mobile
information technology to provide the disclosures and receive
the confirmations, or they could issue policies with longer terms
to avoid having to provide monthly disclosures.
Comments on Costs-Overly Burdensome: Five commenters
stated that the proposed rule is burdensome, will increase
rates, will increase the numbers of uninsured motorists, and will
eliminate short term named driver policies.
Comments on Notice of Costs in the Proposed Rule: Three commenters stated that the proposed rule violates the Administrative
Procedure Act because it does not provide adequate notice of
costs.
One commenter stated that the rule would produce a 10-15 percent rate increase in the underserved auto market, eliminate limited forms, and increase the numbers of uninsured.
One commenter stated that the preamble's assertion that there
is little or no impact on local economies or to the public is conclusory; and that eliminating named driver policies would increase
premiums by 10-15 percent.
One commenter stated that adopting the rules as proposed
would result in litigation, increased costs, and increased numbers of uninsured motorists.
One commenter stated that named driver policyholders already
know what they are buying; and that if insurers had to provide
coverage for each undisclosed or unknown person in every
household, rates would go up, and the numbers of uninsured
motorists would go up. The commenter further stated that
uninsured motorist rates would increase across the entire auto
market.
Two commenters stated that the intent of the bill was to provide
disclosures for named driver policies, and that the Legislature
declined to eliminate named driver policies in HB 1773. Instead,
the Legislature passed the alternative option-disclosures in SB
1567. One of those commenters stated that the bill that would
have eliminated named driver policies in the previous session
failed.
Agency Response to Comments on Costs-Overly Burdensome:
The rule does not eliminate named driver policies. Instead, it
gives effect to the Legislature's intent in passing SB 1567, which
was to ensure that consumers are informed about what they are
buying and renewing. The rule does not contain requirements
that are not in SB 1567-it clarifies what those requirements are
to ensure that all insurers and agents are subject to the same
rules. As noted below, a commenter stated that some insurers
are currently complying with the statute and with the contemplated rule requirements.
In clarifying the requirements that already exist in §1952.0545,
the rule takes into consideration the statutory language, its legislative history, and industry practice. The rule does not impose
costs beyond those in §1952.0545. For example, the rule does
not require anyone to file additional forms, pay additional fees,
or file new rates. SB 1567 requires insurers and agents to provide written and oral disclosures, and to obtain contemporaneous written confirmation of the oral disclosure, before accepting
a premium or fee for a named driver policy when that policy is
delivered, issued for delivery, or renewed. Those are statutory
requirements, not new requirements created in the rule.
Comment on Costs-Not Overly Burdensome: One commenter
stated that complaints that the proposed regulations are too burdensome are without merit, as some insurers are already complying with the rule.
Agency Response to Comment on Costs-Not Overly Burdensome: TDI agrees that the rule is not too burdensome. It does
not add requirements that are not in the statute.
Two commenters stated that the proposal does not consider
costs to the agents, insurers, and consumers if disclosure is
required at every renewal.
Agency Response to Comments on Notice of Costs in the Proposed Rule: The proposal does not violate Government Code
Chapter 2001 (Administrative Procedure Act) because the costs
the commenters cite are attributable to SB 1567, not to the rule.
Government Code §2001.024 specifies notice requirements for
a proposed rule. With regard to notice of costs to the public,
§2004.024(a)(5) requires "a note about public benefits and costs
showing the name and title of the employee...responsible for
preparing or approving the note and stating for each year of the
first five years that the rule shall be in effect: (A) the public benefits expected as a result of adoption of the proposed rule; and
(B) the probable economic cost to persons required to comply
with the rule."
The proposal contained a note about public benefits and costs
showing the name and title of the employee responsible for
preparing or approving the note. It stated for each year of
the first five years that the rule is in effect that enforcing or
administering the proposed section would have the significant
public benefits of ensuring that TDI's rules conform to Insurance
Code §1952.0545, and ensuring that consumers who purchase
named driver policies are informed of the restrictions on coverage under named driver policies.
The note further stated that the proposed section is not expected to increase the cost of compliance with Insurance Code
§1952.0545 because it does not impose requirements beyond
those in the statute, stated those statutory requirements, and
concluded that the costs associated with making the disclosures
and obtaining the signatures that the statute requires do not
result from the enforcement or administration of the rule. In
addition, the note stated that insurers could decide how to
comply with the disclosure requirements in Insurance Code
§1952.0545, provided that the method falls within the scope
of the law. The rule does not increase those requirements or
provide a platform or business model that insurers must incur
costs to adopt. Instead, the rule clarifies what it is that the
ADOPTED RULES
January 23, 2015
40 TexReg 389
statute requires insurers to do, without telling them how they
have to do it.
TDI sees no reason to change its analysis. As stated above, the
rule clarifies the requirements that already exist in §1952.0545,
taking into consideration the language of SB 1567, its legislative
history, and industry practice. The rule does not impose costs
beyond those in the bill. For example, the rule does not require
affected persons to file additional forms, pay additional fees, or
file new rates. SB 1567 requires insurers and agents to provide written and oral disclosures, and to obtain contemporaneous written confirmation of the oral disclosure, before accepting
a premium or fee for a named driver policy when that policy is
delivered, issued for delivery, or renewed. Those are clear statutory requirements, not new requirements created in the rule.
The rule allows insurers and agents to choose how to comply
with SB 1567, as long as their methods do comply. For example, insurers and agents may be able to reasonably lower the
costs of compliance by finding ways to use computer or mobile
information technology to provide the disclosures and receive
the confirmations, or they could issue policies with longer terms
to avoid having to provide monthly disclosures. Because insurers and agents who write named driver policies are already required by statute to provide disclosures and get signatures, and
the rule does not add new requirements or otherwise increase
the cost of compliance with the statute, the cost note in the proposal for §5.208 complies with Government Code §2001.024.
Comments on Definition of Named Driver Policy: One commenter stated that TDI's definition of "named driver policy"
does not comply with SB 1567. The commenter stated that the
proposed rules are an improper agency exercise of legislative
functions, especially the proposed definition of named driver
policy, as the express terms of §1952.0545 do not support TDI's
interpretation. The commenter stated that, if the Legislature had
wanted to define named driver policy as any policy that does
not automatically provide coverage for all household members,
it would have done so, and phrased the warning to reflect
that. The commenter asked why TDI couldn't make the more
reasoned interpretation that the automatic inclusion of a spouse
does not, by itself, render a policy exempt from the statute.
Agency Response to Comments on Definition of Named Driver
Policy: The statutory definition of "named driver policy" creates,
in effect, two choices of classification-either a policy covers unnamed household permissive drivers, or it does not. The statutory language does not allow for a continuum of coverage (a
"more reasoned interpretation," as the commenter suggests) that
would provide TDI discretion to say that policies that cover more
people but not all unnamed household permissive drivers are not
named driver policies.
If TDI were to interpret SB 1567 to apply only to policies that
cover the named driver and no other household drivers, TDI is
not aware of any Texas personal auto policies that would fit the
statutory definition of "named driver policy." As a result, no policies would be required to contain the disclosures in SB 1567.
Interpreting a statute to have no effect is contrary to Government Code §311.021, which states that, in enacting a statute, it
is presumed that the Legislature intended that the entire statute
is effective, a just and reasonable result, a result feasible of execution, and to favor public interest over any private interest.
Comments on Named Non-Owner Policies: Six commenters
stated that the rule should not apply to named non-owner
policies.
40 TexReg 390
January 23, 2015
Texas Register
Three commenters stated that named non-owner policies insure specific drivers, not specific vehicles, and that financial
responsibility requirements are aimed at insuring vehicles. The
commenters stated that operator policies are not required to
cover permissive users; and that, as a result, TDI should delete
§5.208(b)(1)(C).
Agency Response to Comments on Named Non-Owner Policies:
TDI agrees and has removed the requirement in §5.208(b)(1)(C)
that named non-owner policies must comply with SB 1567. A
named non-owner, or operator, policy, which provides coverage
only for the named insured, creates no expectation that it would
cover other household members. Further, named non-owner
policies are not required to cover permissive users under Transportation Code Chapter 601 (Texas Motor Vehicle Safety and
Responsibility Act).
A named driver policy is subject to the requirements for an
owner's policy under Transportation Code §601.076 (Required
Terms: Owner's Policy), which states, "[a]n owner's motor
vehicle liability insurance policy must (1) cover each motor
vehicle for which coverage is to be granted under the policy;
and (2) pay, on behalf of the named insured or another person who, as insured, uses a covered motor vehicle with the
express or implied permission of the named insured, amounts
the insured becomes obligated to pay as damages arising out
of the ownership, maintenance, or use of the motor vehicle in
the United States or Canada, subject to the amounts, excluding
interest and costs, and exclusions of Section 601.072 [Minimum
Coverage Amounts]." (Emphasis added.)
In contrast, a named non-owner policy is subject to the requirements of Transportation Code §601.077 (Required Terms: Operator's Policy), which states, "[a]n operator's motor vehicle liability insurance policy must pay, on behalf of the named insured, amounts the insured becomes obligated to pay as damages arising out of the use by the insured of a motor vehicle
the insured does not own, subject to the same territorial limits,
payment limits, and exclusions as for an owner's policy under
Section 601.076." (Emphasis added.)
Transportation Code §601.077 refers to the named insured
specifically, unlike Transportation Code §601.076, which contains the language "or another person..." The two sections
address different types of policies. Section 601.076 contemplates that a person other than the person named on the policy
could be driving the subject vehicle, while §601.077 addresses
coverage only for the named insured for a non-owned vehicle.
For these reasons, TDI deleted §5.208(b)(1)(C).
Comments on Application of the Rule to Personal Automobile
Insurance Only: Two commenters stated that TDI should amend
the title and applicability sections to apply §5.208 to personal
automobile insurance only.
Agency Response to Comments on Application of the Rule
to Personal Automobile Insurance Only: TDI declines to limit
the applicability of the rule. Section 1952.0545 does not limit
its applicability to personal automobile insurance. In contrast,
§1952.0515 specifically requires personal automobile insurance
policies to provide minimum coverage. There is no such specificity in §1952.0545.
Comment on Application of the Rule to Any Type of Coverage:
One commenter stated that TDI should amend the applicability section to delete the "any type of coverage" provision. The
commenter stated that proposed §5.208(b)(1)(B), which includes
policies in which any type of coverage applies only to named
drivers, prevents endorsing the policy to expand coverage for
any one individual beyond the coverage in the underlying policy.
Agency Response to Comment on Application of the Rule to Any
Type of Coverage: Insurance Code §1952.0545 does not distinguish between different types of coverage; nor does it specify
that the term "named driver policy" applies to an automobile liability insurance policy. Instead, §1952.0545 states that a named
driver policy means an automobile insurance policy that does
not provide coverage for an individual residing in a named insured's household specifically unless the individual is named on
the policy. Also, §1952.0545 specifically includes policies that
have been endorsed to provide coverage only for drivers specifically named on the policy. Neither provision says that a policy is
a named driver policy only if specific coverages apply to named
drivers, and neither says that the term only applies to coverage
required to meet minimum financial responsibility requirements.
Statutory Authority. The commissioner adopts new §5.208
under Insurance Code §§1952.0515, 1952.0545, 551.104,
and 2301.006; Insurance Code Chapter 35; Business and
Commerce Code §1.201(B)(10); Business and Commerce
Code Chapter 322 (the Uniform Electronic Transactions Act);
Government Code §311.021 and §2001.024; Transportation
Code §§601.076 and 601.077; and Insurance Code §36.001.
Insurance Code §1952.0515 requires that personal automobile
insurance policies provide at least the minimum coverage specified by Transportation Code Chapter 601.
Insurance Code §1952.0545 requires the following disclosure
for named driver policies, "WARNING: A NAMED DRIVER POLICY DOES NOT PROVIDE COVERAGE FOR INDIVIDUALS
RESIDING IN THE INSURED'S HOUSEHOLD THAT ARE NOT
NAMED ON THE POLICY."
Insurance Code §551.104 provides that an insurer may cancel
a personal automobile policy only under certain circumstances.
Insurance Code §2301.006 requires insurers to file policy forms
with the commissioner and receive the commissioner's approval
of the forms before delivering them or issuing them for delivery.
Insurance Code Chapter 35 allows a regulated entity, upon
agreement of all parties, to conduct business electronically to
the same extent that the entity is authorized to conduct business
otherwise. The chapter also provides requirements for those
electronic transactions.
Business and Commerce Code §1.201(B)(10) defines "conspicuous" and states that whether a term is conspicuous is a decision
for the court.
Business and Commerce Code Chapter 322 provides requirements for electronic records and electronic signatures relating
to a transaction.
Government Code §311.021 states that, in enacting a statute, it
is presumed that the Legislature intended (1) compliance with
the constitutions of Texas and the United States; (2) that the
entire statute is effective; (3) a just and reasonable result; (4) a
result feasible of execution; and (5) to favor public interest over
any private interest.
Government Code §2001.204 provides requirements for notice
of a proposed rule.
Transportation Code §601.076 (Required Terms: Owner's Policy) states that an owner's motor vehicle liability insurance policy
must (1) cover each motor vehicle for which coverage is to be
granted under the policy; and (2) pay, on behalf of the named
insured or another person who, as insured, uses a covered motor vehicle with the express or implied permission of the named
insured, amounts the insured becomes obligated to pay as damages arising out of the ownership, maintenance, or use of the
motor vehicle in the United States or Canada, subject to the
amounts, excluding interest and costs, and exclusions of Section 601.072 (Minimum Coverage Amounts).
Transportation Code §601.077 (Required Terms: Operator's
Policy) states that an operator's motor vehicle liability insurance
policy must pay, on behalf of the named insured, amounts the
insured becomes obligated to pay as damages arising out of
the use by the insured of a motor vehicle the insured does not
own, subject to the same territorial limits, payment limits, and
exclusions as for an owner's policy under Section 601.076.
Insurance Code §36.001 provides that the commissioner of insurance may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code
and other laws of this state.
§5.208. Disclosures for Named Driver Automobile Insurance Policies.
(a) Definition.
(1) Under Insurance Code §1952.0545(a), a named driver
policy is an automobile insurance policy that does not provide coverage
for an individual residing in a named insured's household specifically
unless the individual is named on the policy. The term includes an automobile insurance policy that has been endorsed to provide coverage
only for drivers specifically named on the policy.
(2) A policy is a named driver policy if it does not provide
coverage for one or more individuals who reside in the named insured's
household and who are not named on the policy.
(3) An automobile insurance policy that provides coverage
for all residents of the insured's household is not a named driver policy,
even if the policy or an endorsement excludes one or more drivers from
coverage specifically by name.
(b) Applicability. This section applies to:
(1)
All new and renewal named driver policies, including:
(A)
policies of any term; and
(B) policies in which any type of coverage applies only
to named drivers.
(2) Agents and insurers offering automobile insurance in
this state, including an insurance company, corporation, reciprocal
or interinsurance exchange, mutual insurance company, association,
Lloyd's plan or other insurer, and a county mutual insurance company.
(c)
Disclosures.
(1) Disclosure requirements. An agent or insurer may not
accept a premium or fee for a new or renewal named driver policy until
the agent or insurer has:
(A)
made the oral disclosure under paragraph (3) of this
subsection;
(B) received a contemporaneous written confirmation
of the oral disclosure under paragraph (4) of this subsection;
(C) made the written disclosures under paragraph (5) of
this subsection; and
(D) received a signed copy of the written disclosure under paragraph (5)(B) of this subsection.
ADOPTED RULES
January 23, 2015
40 TexReg 391
(2) Content. Oral and written disclosures for named
driver policies must include the following, "WARNING: A NAMED
DRIVER POLICY DOES NOT PROVIDE COVERAGE FOR INDIVIDUALS RESIDING IN THE INSURED'S HOUSEHOLD THAT
ARE NOT NAMED ON THE POLICY."
(3) Oral disclosure. An agent or insurer may comply with
the oral disclosure requirement by delivering the disclosure live or using a recording:
(A) in the presence of the applicant or insured;
(B)
over the telephone; or
(C) over the Internet (for example, by Internet video
call).
(4) Signed confirmation of oral disclosure. An agent or insurer must require an applicant or insured to sign a written confirmation
that the agent or insurer has provided the oral disclosure. The applicant
or insured must sign the written confirmation contemporaneously with
receiving the oral disclosure.
(5) Written disclosures must be conspicuous, as that term
is defined in Business and Commerce Code §1.201(B)(10). An agent
or insurer must:
(A) include the disclosure in the policy and on any proof
of insurance document issued to the insured, including an auto ID card
issued under §5.204 of this title; and
(B) require an applicant or insured to sign a copy of the
disclosure.
(6) Signatures. All signatures required by this section must
be original or electronic signatures executed specifically for each new
and renewal policy.
(A) Electronic signatures must comply with Business
and Commerce Code Chapter 322 (Uniform Electronic Transactions
Act), Insurance Code Chapter 35 (Electronic Transactions), and any
applicable rules.
(B)
Signatures must not be:
(i) made before the agent or insurer makes the disclosure;
40 TexReg 392
January 23, 2015
Texas Register
(ii) reproduced, transferred, referenced to, or otherwise replicated from a signature on file with the agent or insurer; or
(iii)
merely presumed to exist.
(C) An agent or insurer may not state, require, agree, or
assume that a signature requirement is met based on payment received
from the applicant or insured.
(7) Language. Agents and insurers must provide the disclosures in English and, in addition, may provide them in other languages.
(d) Installment payments. After complying with the disclosure
requirements for each new and renewal policy, an agent or an insurer
is not required to comply with subsection (c) of this section each time
the agent or insurer accepts an installment payment during that policy's
term.
(e) Failure to comply. An agent or insurer may not use noncompliance with Insurance Code §1952.0545 or this section as a reason to avoid liability under the policy. Noncompliance with Insurance
Code §1952.0545 or this section is not grounds for cancellation under
Insurance Code §551.104.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2015.
TRD-201500035
Sara Waitt
General Counsel
Texas Department of Insurance
Effective date: January 28, 2015
Proposal publication date: July 25, 2014
For further information, please call: (512) 676-6584
♦
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Office of Consumer Credit Commissioner
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in
§303.003 and §303.009, Texas Financial Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 1/19/15 - 1/25/15 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the
period of 1/19/15 - 1/25/15 is 18% for Commercial over $250,000.
1
Credit for personal, family or household use.
2
Credit for business, commercial, investment or other similar purpose.
TRD-201500077
Leslie Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 13, 2015
♦
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♦
Texas Commission on Environmental Quality
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ, agency or
commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs.
TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later
than the 30th day before the date on which the public comment period closes, which in this case is February 23, 2015. TWC, §7.075
also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold
approval of an AO if a comment discloses facts or considerations that
indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in
accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those
changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both
the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an
AO should be sent to the enforcement coordinator designated for each
AO at the commission's central office at P.O. Box 13087, Austin, Texas
78711-3087 and must be received by 5:00 p.m. on February 23, 2015.
Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the com-
ment procedure at the listed phone numbers; however, TWC, §7.075
provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: 357 STREET PROPERTIES, L.P.; DOCKET NUMBER: 2014-1554-PST-E; IDENTIFIER: RN101858280; LOCATION:
Lubbock, Lubbock County; TYPE OF FACILITY: facility with three
inactive underground storage tanks (USTs); RULES VIOLATED: 30
TAC §334.49(a) and (c)(2)(C), §334.54(b)(2) and (c)(1), and TWC,
§26.3475(d), by failing to maintain all piping, pumps, manways, tank
access points and ancillary equipment in a capped, plugged, locked,
and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons, by failing to adequately protect a temporarily out-of-service UST system from corrosion and by failing to
inspect the impressed current cathodic protection system at least once
every 60 days to ensure the rectifier and other system components are
operating properly; PENALTY: $2,544; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 5012
50th Street, Suite 100, Lubbock, Texas 79414-3421.
(2) COMPANY: 918 REALTY COMPANY, INCORPORATED;
DOCKET
NUMBER:
2014-1620-PST-E;
IDENTIFIER:
RN104212394; LOCATION: Houston, Harris County; TYPE OF
FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC
§334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor
the underground storage tank for releases at a frequency of at
least once every month; PENALTY: $3,375; ENFORCEMENT
COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486.
(3) COMPANY: American Energy Transport, LLC; DOCKET NUMBER: 2014-1457-PST-E; IDENTIFIER: RN107715625; LOCATION:
Dallas and Garland, Dallas County; TYPE OF FACILITY: common
carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC,
§26.3467(d), by failing to deposit a regulated substance into a regulated
underground storage tank system that was covered by a valid, current
TCEQ delivery certificate; PENALTY: $1,231; ENFORCEMENT
COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL
OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951.
(4) COMPANY: ARGUINDEGUI OIL COMPANY II, LIMITED; DOCKET NUMBER: 2014-1425-PST-E; IDENTIFIER:
RN103197315; LOCATION: Laredo, Webb County; TYPE OF
FACILITY: common carrier; RULES VIOLATED: 30 TAC
§334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that
was covered by a valid, current TCEQ delivery certificate; PENALTY:
$10,109; ENFORCEMENT COORDINATOR: Allyson Plantz, (512)
239-4593; REGIONAL OFFICE: 707 East Calton Road, Suite 304,
Laredo, Texas 78041-3887.
(5) COMPANY: Brazosport Independent School District; DOCKET
NUMBER: 2014-1558-PWS-E; IDENTIFIER: RN101231652; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: public
water supply; RULES VIOLATED: 30 TAC §290.109(f)(3) and Texas
Health and Safety Code, §341.0315(c), by failing to comply with the
Maximum Contaminant Level for total coliform during the months of
July, August, and September 2014; 30 TAC §290.122(c)(2)(A) and
IN ADDITION January 23, 2015
40 TexReg 393
(f), by failing to timely post public notification and submit a copy of
the public notification to the executive director regarding the failure to
submit Disinfectant Level Quarterly Operating Reports for the third
and fourth quarters of 2013; and 30 TAC §290.117(i)(6) and (j), by
failing to timely post consumer notification of lead tap water monitoring results at the locations that were sampled and by failing to submit
to the TCEQ a copy of the consumer notification and certification that
the consumer notification has been distributed to the persons served
at the locations in a manner consistent with TCEQ requirements;
PENALTY: $645; ENFORCEMENT COORDINATOR: Katelyn
Samples, (512) 239-4728; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486.
(6) COMPANY: Brookeland Fresh Water Supply District; DOCKET
NUMBER: 2014-1365-MWD-E; IDENTIFIER: RN101519635; LOCATION: Jasper, Jasper County; TYPE OF FACILITY: wastewater
treatment plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC
§305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010998001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $17,875; ENFORCEMENT COORDINATOR:
Katelyn Samples, (512) 239-4728; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892.
(7) COMPANY: Burlington Resources Oil and Gas Company
LP; DOCKET NUMBER: 2014-1447-AIR-E; IDENTIFIER:
RN104177266; LOCATION: Crane, Crane County; TYPE OF FACILITY: oil and gas production site; RULES VIOLATED: Texas
Health and Safety Code, §382.085(b) and Standard Exemption Registration Number 33724, by failing to prevent unauthorized emissions;
PENALTY: $1,125; ENFORCEMENT COORDINATOR: Rachel
Bekowies, (512) 239-2608; REGIONAL OFFICE: 9900 West IH-20,
Suite 100, Midland, Texas 79706.
(8) COMPANY: CHRISTIAN TABERNACLE OF HOUSTON,
INCORPORATED; DOCKET NUMBER: 2014-1578-PWS-E; IDENTIFIER: RN101245173; LOCATION: Houston, Harris County;
TYPE OF FACILITY: public water supply; RULES VIOLATED:
30 TAC §290.42(l), by failing to maintain a thorough and up-to-date
plant operations manual for operator review and reference; 30 TAC
§290.46(s)(1), by failing to calibrate the facility's well meter at least
once every three years; and 30 TAC §290.46(f)(2) and (3)(D)(ii), by
failing to make water works operation and maintenance records available for review by commission personnel during the investigation;
PENALTY: $150; ENFORCEMENT COORDINATOR: Jim Fisher,
(512) 239-2537; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486.
(9) COMPANY: City of Livingston; DOCKET NUMBER: 2014-1166PWS-E; IDENTIFIER: RN101232874; LOCATION: Livingston, Polk
County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and
reference; 30 TAC §290.46(d)(2)(B) and §290.110(b)(4), and Texas
Health and Safety Code, §341.0315(c), by failing to operate the disinfection equipment to maintain a disinfectant residual of at least 0.5
milligrams per liter total chlorine throughout the distribution system at
all times; 30 TAC §290.46(j), by failing to complete a customer service
inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason
to believe cross connections or other potential contamination hazards
exists; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that
identifies all sampling locations, describes the sampling frequency, and
specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements, that
40 TexReg 394
January 23, 2015
Texas Register
is maintained at each water treatment plant and at a central location;
30 TAC §290.44(h)(4)(C), by failing to ensure that any backflow prevention assembly Test and Maintenance report form is approved by the
executive director prior to being placed in use; 30 TAC §290.43(e),
by failing to provide an intruder-resistant fence with lockable gates to
protect the facility's elevated storage tanks; 30 TAC §290.43(c)(6) and
§290.46(m), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.43(c)(4), by failing to
provide all water storage tanks with an appropriate liquid level indicator located at the tank site; 30 TAC §290.46(e)(3)(C), by failing to
operate the facility under the direct supervision of a water works operator who holds a Class C or higher license; 30 TAC §290.46(m), by
failing to initiate maintenance and housekeeping practices to ensure
the good working condition and general appearance of the facility and
its equipment; and 30 TAC §290.46(f)(2) and (3)(C)(i), by failing to
provide facility records to commission personnel at the time of the investigation; PENALTY: $1,559; ENFORCEMENT COORDINATOR:
Epifanio Villarreal, (361) 825-3425; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892.
(10) COMPANY: City of Reno; DOCKET NUMBER: 2014-1601MWD-E; IDENTIFIER: RN102186772; LOCATION: Reno, Lamar
County; TYPE OF FACILITY: wastewater treatment facility;
RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1),
and Texas Pollutant Discharge Elimination System Permit Number
WQ0012162001, Effluent Limitations and Monitoring Requirements
Number 1, by failing to comply with permitted effluent limits;
PENALTY: $1,125; ENFORCEMENT COORDINATOR: Raymond
Mejia, (512) 239-5460; REGIONAL OFFICE: 2916 Teague Drive,
Tyler, Texas 75701-3734.
(11) COMPANY: Continental Carbon Company; DOCKET NUMBER: 2014-1333-AIR-E; IDENTIFIER: RN102321577; LOCATION:
Sunray, Moore County; TYPE OF FACILITY: carbon black manufacturing plant; RULES VIOLATED: 30 TAC §116.110(a) and
§116.315(a) and Texas Health and Safety Code, §§382.0518(a),
382.055(a)(2), and 382.085(b), by failing to submit a renewal application for New Source Review Permit Number 9449 at least six months
prior to the expiration date; PENALTY: $40,500; ENFORCEMENT
COORDINATOR: Jessica Schildwachter, (512) 239-2617; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933.
(12) COMPANY: Davis Gas Processing, Incorporated; DOCKET
NUMBER: 2014-1253-AIR-E; IDENTIFIER: RN100217686; LOCATION: Big Lake, Reagan County; TYPE OF FACILITY: oil and
gas production plant; RULES VIOLATED: 30 TAC §122.143(4)
and §122.145(2)(A), Federal Operating Permit (FOP) Number
O3060, General Terms and Conditions, Special Terms and Conditions
(STC) Number 5(b), and Texas Health and Safety Code (THSC),
§382.085(b), by failing to report all instances of deviations; 30 TAC
§111.111(a)(4)(A)(ii), and THSC, §382.085(b), by failing to maintain
records of daily flare observations; 30 TAC §122.143(4), FOP Number
O3060, STC Number 3.A.(iv)(3), and THSC, §382.085(b), by failing
to maintain records of quarterly visible emissions observations of
stationary vents; and 30 TAC §116.115(c), New Source Review
Permit Number 48944, Special Conditions Number 9.C., and THSC,
§382.085(b), by failing to maintain inspection records; PENALTY:
$26,689; ENFORCEMENT COORDINATOR: Raime Hayes-Falero,
(713) 767-3567; REGIONAL OFFICE: 622 South Oakes, Suite K,
San Angelo, Texas 76903-7035.
(13) COMPANY: DCP Midstream, LP; DOCKET NUMBER:
2014-1481-AIR-E; IDENTIFIER: RN100220052; LOCATION: Dumas, Moore County; TYPE OF FACILITY: natural gas processing
plant; RULES VIOLATED: 30 TAC §§101.20(2), 113.1090, and
122.143(4), Federal Operating Permit (FOP) Number O2568, Special
Terms and Conditions (STC) Number 1.A., 40 Code of Federal
Regulations (CFR) §63.6640(a), and Texas Health and Safety Code
(THSC), §382.085(b), by failing to maintain the four-hour rolling average temperature of the stationary reciprocating internal combustion
catalyst inlet greater than or equal to 750 degrees Fahrenheit; and 30
TAC §§101.20(2) and (3), 113.690, 116.115(c), and 122.143(4), FOP
Number O2568, STC Numbers 1.A. and 8, New Source Review Permit
Numbers 83193 and PSDTX1104, Special Conditions Number 4, 40
CFR §63.642(b), and THSC, §382.085(b), by failing to maintain the
sulfur recovery efficiency for the Sulfur Recovery Unit at a minimum
of 98.5% on a daily average when the sulfur production rate exceeds
five long tons per day; PENALTY: $33,188; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE:
3918 Canyon Drive, Amarillo, Texas 79109-4933.
(14) COMPANY: Enterprise Products Operating LLC; DOCKET
NUMBER: 2014-1421-IWD-E; IDENTIFIER: RN102580834; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater
treatment; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC
§305.125(1), and Texas Pollutant Discharge Elimination System
Permit Number WQ0004976000, Effluent Limitations and Monitoring
Requirements Number 1, by failing to comply with permitted effluent
limits; PENALTY: $7,400; Supplemental Environmental Project
offset amount of $2,960 applied to The Conservation Fund; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486.
(15) COMPANY: Formosa Plastics Corporation, Texas; DOCKET
NUMBER: 2014-1394-AIR-E; IDENTIFIER: RN100218973; LOCATION: Point Comfort, Calhoun County; TYPE OF FACILITY:
chemical manufacturing plant; RULES VIOLATED: 30 TAC
§§101.20(3), 116.115(b) and (c), and 122.143(4), Texas Health and
Safety Code, §382.085(b), Federal Operating Permit Number O1958,
General Terms and Conditions and Special Terms and Conditions
Number 14, and New Source Review Permit Numbers 19168 and
PSDTX1226, Special Conditions Number 1, by failing to prevent
unauthorized emissions; and 30 TAC §§101.20(3), 116.115(c), and
122.143(4), THSC, §382.085(b), Federal Operating Permit Number
O1954, General Terms and Conditions and Special Terms and Conditions Number 15, and New Source Review Permit Numbers 7699 and
PSDTX266M7, Special Conditions Number 1, by failing to prevent
unauthorized emissions; PENALTY: $32,500; Supplemental Environmental Project offset amount of $16,250 applied to Texas Association
of Resource Conservation and Development Areas, Incorporated; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas 78412-5503.
(16) COMPANY: H2O TECH, INCORPORATED; DOCKET
NUMBER: 2014-1251-PWS-E; IDENTIFIER: RN101442333; LOCATION: League City, Harris County; TYPE OF FACILITY: public
water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and
(f)(3), by failing to submit a Disinfectant Level Quarterly Operating
Report (DLQOR) to the executive director each quarter by the tenth
day of the month following the end of the quarter for the third quarter
of 2010 - the second quarter of 2011 and end of the quarter for the
third quarter of 2011 through the first quarter of 2014 end of the
quarter for the third quarter of 2011 - the first quarter of 2014; and
30 TAC §290.117(c)(2) and (i)(1), by failing to collect lead and
copper tap samples at the required five sample sites, have the samples
analyzed at a TCEQ approved laboratory, and submit the results to
the executive director by the tenth day of the month following the
end of the monitoring period for the January 1, 2003 - December 31,
2011 and January 1, 2013 - December 31, 2013 monitoring periods;
PENALTY: $2,203; ENFORCEMENT COORDINATOR: Jim Fisher,
(512) 239-2537; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486.
(17) COMPANY: KHBM Partners II, Limited; DOCKET NUMBER: 2014-1880-WQ-E; IDENTIFIER: RN107759946; LOCATION:
Willis, Montgomery County; TYPE OF FACILITY: residential
construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), by
failing to obtain a Construction General Permit; PENALTY: $875;
ENFORCEMENT COORDINATOR: Jill Russell, (512) 239-4564;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1452.
(18) COMPANY: Lower Valley Water District; DOCKET NUMBER:
2014-1435-PWS-E; IDENTIFIER: RN101454007; LOCATION:
Clint, El Paso County; TYPE OF FACILITY: public water supply;
RULES VIOLATED: 30 TAC §290.122(b)(2)(A), (c)(2)(A) and (f),
by failing to provide public notification or submit a copy of the
public notification to the executive director regarding the failure to
submit a Disinfectant Level Quarterly Operating Report (DLQOR)
for the first quarter of 2011 and by failing to comply with a maximum
contaminant level for total coliform for the month of May 2011; 30
TAC §290.109(f)(2) and Texas Health and Safety Code, §341.031(a),
by failing to comply with the maximum contaminant level for total
coliform during the month of August 2014; 30 TAC §290.122(c)(2)(A)
and (f), by failing to provide public notification or submit a copy of
the public notification to the executive director regarding the failure
to submit a DLQOR for the second quarter of 2013 and the failure
to conduct routine coliform monitoring during the month of April
2013; and 30 TAC §290.117(c)(2)(C) and (i)(1), by failing to collect
lead and copper tap samples at the required 30 sample sites, have the
samples analyzed at an approved laboratory, and submit the results to
the executive director for the January 1, 2011 - December 31, 2013
monitoring period; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE:
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206.
(19) COMPANY: Methodist Healthcare System of San Antonio,
Limited, L.L.P.; DOCKET NUMBER: 2014-1495-PST-E; IDENTIFIER: RN102840014 (Facility 1) and RN100618503 (Facility 2);
LOCATION: San Antonio, Bexar County; TYPE OF FACILITY:
hospital and office building with emergency power generators and
one petroleum underground storage tank (UST); RULES VIOLATED:
30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(b) and (c)(1),
by failing to monitor the USTs for releases at a frequency of at least
once every month (Facility 1); 30 TAC §334.10(b)(1)(B), by failing
to maintain UST records and make them immediately available for
inspection upon request by agency personnel (Facility 1); and 30
TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide
corrosion protection for the UST system (Facility 2); PENALTY:
$7,517; ENFORCEMENT COORDINATOR: Danielle Porras, (713)
767-3682; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480.
(20) COMPANY: New Braunfels Utilities; DOCKET NUMBER:
2014-1097-MWD-E; IDENTIFIER: RN101700946; LOCATION:
New Braunfels, Comal County; TYPE OF FACILITY: wastewater
treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30
TAC §305.125(1), and Texas Pollutant Discharge Elimination System
Permit Number WQ0010232002, Effluent Limitations and Monitoring
Requirements Number 1, by failing to comply with permitted effluent
limits; PENALTY: $10,500; ENFORCEMENT COORDINATOR:
Gregory Zychowski, (512) 239-3158; REGIONAL OFFICE: 14250
Judson Road, San Antonio, Texas 78233-4480.
(21) COMPANY: Newark E and P Operating LLC; DOCKET NUMBER: 2014-1888-WR-E; IDENTIFIER: RN107816175; LOCATION:
IN ADDITION January 23, 2015
40 TexReg 395
(23) COMPANY: Paul Douglas Kinsey; DOCKET NUMBER:
2014-1889-WR-E; IDENTIFIER: RN107735714; LOCATION:
Decatur, Wise County; TYPE OF FACILITY: water well; RULES
VIOLATED: TWC, §11.081 and §11.121, by failing to obtain authorization prior to impounding, diverting, or using state water;
PENALTY: $350; ENFORCEMENT COORDINATOR: Jill Russell,
(512) 239-4564; REGIONAL OFFICE: 2309 Gravel Drive, Fort
Worth, Texas 76118-6951.
Tarrant County; TYPE OF FACILITY: public water supply; RULES
VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing
to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1 of each year and
failed to submit to the TCEQ by July 1 of each year a copy of the annual CCR and certification that the CCR has been distributed to the
customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data for the year 2010,
2011 and 2012; 30 TAC §290.106(c)(6) and (e), by failing to collect the
annual nitrate sample and provide the results to the executive director
for the 2013 monitoring period; 30 TAC §290.106(e) and §290.107(e),
by failing to provide the results of triennial cyanide, minerals and synthetic organic chemical (SOC) contaminants (methods 504 and 515.4)
sampling to the executive director for the January 1, 2011 - December
31, 2013 monitoring period; 30 TAC §290.106(e) and §290.107(e), by
failing to provide the results of six-year metals, SOC5 contaminants,
and Volatile Organic Compound contaminants sampling to the executive director for the January 1, 2008 - December 31, 2013 monitoring
period; and 30 TAC §290.117(c)(2) and (i)(1), by failing to collect lead
and copper samples at the required five sample sites, have the samples
analyzed at an TCEQ approved laboratory, and submit the results to the
executive director for the January 1, 2011 - December 31, 2013 monitoring period; PENALTY: $1,271; ENFORCEMENT COORDINATOR: Lisa Westbrook, (512) 239-1160; REGIONAL OFFICE: 2309
Gravel Drive, Fort Worth, Texas 76118-6951.
(24) COMPANY: Regency Field Services LLC; DOCKET NUMBER:
2014-1334-AIR-E; IDENTIFIER: RN100542307; LOCATION: Fort
Stockton, Pecos County; TYPE OF FACILITY: natural gas compression and treating plant; RULES VIOLATED: 30 TAC §122.143(4)
and §122.146(1), Federal Operating Permit (FOP) Number O1842,
General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 10, and Texas Health and Safety Code (THSC),
§382.085(b), by failing to certify compliance for at least each 12-month
period following initial permit issuance; 30 TAC §122.143(4) and
§122.145(2)(A), FOP Number O1842, GTC and STC Number 9, and
THSC, §382.085(b), by failing to report all deviations; PENALTY:
$8,250; ENFORCEMENT COORDINATOR: Carol McGrath, (210)
403-4063; REGIONAL OFFICE: 9900 West IH 20, Suite 100, Midland, Texas 79706.
(28) COMPANY: Z Ready Mix, Incorporated; DOCKET NUMBER:
2014-1584-AIR-E; IDENTIFIER: RN105932255; LOCATION:
Houston, Harris County; TYPE OF FACILITY: two concrete batch
plants (Plant Number 1 and Plant Number 2); RULES VIOLATED: 30
TAC §116.115(c), New Source Review Permit Number 93364, Special
Conditions Numbers 3 and 16D, and Texas Health and Safety Code
(THSC), §382.085(b), by failing to conduct quarterly visible emissions
observations and by failing to maintain records (Plant Number 1); and
30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by
failing to obtain authorization prior to the construction and operation
of a concrete batch plant (Plant Number 2); PENALTY: $4,321; ENFORCEMENT COORDINATOR: Rachel Bekowies, (512) 239-2608;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486.
(25) COMPANY: S AND P TEXAN, INCORPORATED dba Walker
Minit Mart; DOCKET NUMBER: 2014-1525-PST-E; IDENTIFIER:
RN101443166; LOCATION: Breckenridge, Stephens County; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULES
VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by
failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: John Duncan, (512) 239-2720; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833.
TRD-201500076
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 13, 2015
Graford, Palo Pinto County; TYPE OF FACILITY: tributary on oil
lease; RULES VIOLATED: TWC, §11.081 and §11.121, by failing to
obtain authorization prior to impounding, diverting, or using state water; PENALTY: $875; ENFORCEMENT COORDINATOR: Jill Russell, (512) 239-4564; REGIONAL OFFICE: 2309 Gravel Drive, Fort
Worth, Texas 76118-6951.
(22) COMPANY: OAKRIDGE AND OAKRIDGE GROUP LLC
dba Pampa Food Stop 2; DOCKET NUMBER: 2014-1643-PST-E;
IDENTIFIER: RN102355393; LOCATION: Pampa, Gray County;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC,
§26.3475(c)(1), by failing to monitor the underground storage tanks
for releases at a frequency of at least once every month; PENALTY:
$3,375; ENFORCEMENT COORDINATOR: Holly Kneisley, (817)
588-5856; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo,
Texas 79109-4933.
(26) COMPANY: Shreedevi AA Corporation dba Luckys 7 Discount Store; DOCKET NUMBER: 2014-1631-PST-E; IDENTIFIER:
RN102359403; LOCATION: Wichita Falls, Wichita County; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULES
VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
by failing to monitor the underground storage tanks for releases at
a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833.
(27) COMPANY: SPRING CREEK CIRCLE WATER SUPPLY CORPORATION, Charles Pace, and Virginia L. Myers dba Spring Creek
Circle Water Supply Corporation; DOCKET NUMBER: 2014-1456PWS-E; IDENTIFIER: RN101451748; LOCATION: Grand Prairie,
40 TexReg 396
January 23, 2015
Texas Register
♦
♦
♦
Enforcement Orders
An agreed order was entered regarding MYKAWA ENTERPRISES,
INC. dba Crown Mart, Docket No. 2012-0550-PST-E on January 7,
2015 assessing $5,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Jim Sallans, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Richard Billings dba Oak Hills
Ranch Water Company, Docket No. 2013-1350-MLM-E on January 7,
2015 assessing $6,746 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Meaghan Bailey, Staff Attorney at (512) 239-3400, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding Quickways Inc, Docket No.
2013-1554-PST-E on January 7, 2015 assessing $5,437 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Tammy L. Mitchell, Staff Attorney at (512) 239-3400, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding DAKOTA A1, LLC dba 47
Travel Stop, Docket No. 2013-1637-PST-E on January 7, 2015 assessing $4,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was entered regarding GarCo Manufacturing, LLC
dba GARCO MANUFACTURING aka Garcia Manufacturing, Docket
No. 2014-0202-AIR-E on January 7, 2015 assessing $1,312 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
TRD-201500087
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 14, 2015
♦
♦
Extension of Comment Period for 30 TAC Chapter 115
Proposal
In the December 26, 2014, issue of the Texas Register (39 TexReg
10246), the Texas Commission on Environmental Quality (commission) published proposed new, amended, and repealed sections of 30
TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds. The preamble of the proposal stated that the commission must
receive all written comments by January 30, 2015. The commission
has extended the deadline for receipt of written comments on the proposal to February 11, 2015.
Comments should be mailed to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed
to (512) 239-4808. Electronic comments may be submitted at:
http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions
may apply to comments being submitted via the eComments system.
All comments submitted regarding the proposal for Chapter 115
should reference Rule Project Number 2013-048-115-AI. Copies of
the proposed rulemaking can be obtained from the commission's
Web site at http://www.tceq.texas.gov/rules/propose_adopt.html. For
further information, please contact Frances Dowiak, Air Quality
Planning Section, at (512) 239-3931.
TRD-201500081
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 13, 2015
♦
♦
Extension of Comment Period for 30 TAC Chapter 101
Proposal
♦
♦
Extension of Comment Period for 30 TAC Chapter 117
Proposal
In the December 26, 2014, issue of the Texas Register (39 TexReg
10186), the Texas Commission on Environmental Quality (commission) published proposed amended and repealed sections of 30 TAC
Chapter 101, General Air Quality Rules. The preamble of the proposal
stated that the commission must receive all written comments by January 30, 2015. The commission has extended the deadline for receipt
of written comments on the proposal to February 11, 2015.
In the December 26, 2014, issue of the Texas Register (39 TexReg
10337), the Texas Commission on Environmental Quality (commission) published proposed new, amended, and repealed sections of 30
TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds.
The preamble of the proposal stated that the commission must receive
all written comments by January 30, 2015. The commission has extended the deadline for receipt of written comments on the proposal to
February 11, 2015.
Comments should be mailed to Kris Hogan, MC 205, Office
of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to
(512) 239-4808.
Electronic comments may be submitted at:
http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions
may apply to comments being submitted via the eComments system.
All comments submitted regarding the proposal for Chapter 101
should reference Rule Project Number 2014-007-101-AI. Copies of
the proposed rulemaking can be obtained from the commission's Web
site at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Joseph Thomas, Air Quality Planning
Section, at (512) 239-0012.
Comments should be mailed to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed
to (512) 239-4808. Electronic comments may be submitted at:
http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions
may apply to comments being submitted via the eComments system.
All comments submitted regarding the proposal for Chapter 117
should reference Rule Project Number 2013-049-117-AI. Copies of
the proposed rulemaking can be obtained from the commission's Web
site at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Javier Galvan, Air Quality Planning
Section, at (512) 239-1492.
TRD-201500082
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 13, 2015
TRD-201500078
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 13, 2015
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Notice of Water Quality Applications
IN ADDITION January 23, 2015
40 TexReg 397
The following notices were issued on January 2, 2015, through January
9, 2015.
northeast of the Williamson County Courthouse in Williamson County,
Texas 78626.
The following require the applicants to publish notice in a newspaper.
Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN
30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE
NOTICE.
San Antonio River Authority has applied for a renewal of TPDES Permit No. WQ0010749003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,210,000
gallons per day. The facility is located at 8203 Binz-Engleman Road
in Bexar County, Texas 78244.
INFORMATION SECTION
Apex Bethel Energy Center LLC which proposes to operate the Bethel
Energy Center, a compressed air energy storage facility, has applied
for a major amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0005002000 to authorize low-volume
wastewater (consisting of demineralizer blowdown and demineralizer
cleaning wastewater) as an additional wastestream. The revised daily
average flow has subsequently increased approximately 4,000 gallons
per day via Outfall 001. The existing permit authorizes the discharge
of non-contact cooling tower blowdown at a daily average flow not
to exceed 223,000 gallons per day via Outfall 001. The proposed
facility is located approximately 2 miles south of the intersection of
Farm-to-Market Road 2706 and United States Highway 287 South, at
the southeast corner of the intersection of Farm-to-Market Road 2706
and County Road 2504, approximately 5 miles northwest of Tennessee
Colony, Anderson County, Texas 75861.
Ridley USA Inc which operates Ridley Block Operations, a manufacturer of prepared feeds and feed ingredients for cattle, has applied for a
new permit, TCEQ Permit No. WQ0005121000, to authorize the disposal of washwater at a daily average flow not exceed 1,000 gallons
per day via irrigation of approximately 175 acres. This permit will not
authorize a discharge of pollutants into water in the State. The facility
is located at 125 Industrial Boulevard, Leon County, Texas 75831. The
land application site will be located approximately 2 miles west-southwest of the City of Buffalo, Leon County, Texas 75831.
Mitchell County and Lone Wolf Groundwater Conservation District
which propose to operate the Mitchell County Groundwater Desalination Plant, have applied for new TCEQ Permit No. WQ0005133000 to
authorize the disposal of reverse osmosis reject water and washdown
water at a daily average flow not exceed 26,000 gallons per day via
evaporation. This permit will not authorize a discharge of pollutants
into water in the State. The facility and disposal site will be located at
9298 County Road 238, in Mitchell County, Texas 79565.
City of Seguin has applied for a renewal of TPDES Permit No.
WQ0010277001 which authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 4,900,000 gallons
per day. The facility is located at 101 East Klein Street, in Seguin, in
Guadalupe County, Texas 78155.
City of Goldthwaite has applied for a renewal of TPDES Permit No.
WQ0010459001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 254,000 gallons per
day. The existing permit also authorizes the disposal of treated domestic wastewater via irrigation of approximately 75 acres of pastureland.
The facility is located approximately 1,600 feet north of State Highway
16 and 2,500 feet east of Farm-to-Market Road 3023, in Mills County,
Texas 76884.
City of Georgetown has applied for a renewal of TPDES Permit No.
WQ0010489002, which authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 2,500,000 gallons
per day. The facility is located 1,000 feet southeast of the Granger
Road crossing of the San Gabriel River and approximately 1.2 miles
40 TexReg 398
January 23, 2015
Texas Register
City of Buda and Guadalupe Blanco River Authority has applied for
a renewal of TPDES Permit No. WQ0011060001, which authorizes
the discharge of treated domestic wastewater at an annual average flow
not to exceed 1,500,000 gallons per day. The facility is located at 575
County Road 236 in Hays County, Texas 78610.
Aqua Utilities Inc has applied for a renewal of TPDES Permit No.
WQ0011332001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 50,000 gallons per
day. The facility is located north of Highcrest Drive between Lakecrest Drive and Moss Downs Drive, in Burnet County, Texas 78654.
The treated effluent is discharged directly to Lake Lyndon B. Johnson
in Segment No. 1406 of the Colorado River Basin.
Texas Parks and Wildlife Department has applied for a renewal of
TCEQ Permit No. WQ0012014001, which authorizes the disposal
of treated domestic wastewater at a daily average flow not to exceed
16,000 gallons per day via surface irrigation of 6.1 acres of non-public
access pastureland. This permit will not authorize a discharge of pollutants into water in the state. The wastewater treatment facility and disposal site are located on the north side of Honey Creek, approximately
6.2 miles northwest of the intersection of State Highway 46 and U.S.
Highway 281 in Comal County, Texas 78070.
Bilma Public Utility District has applied to the Texas Commission on
Environmental Quality (TCEQ) for a renewal of TPDES Permit No.
WQ0012025002, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 740,000 gallons per
day. The facility is located at 5500 Winding Ridge Drive, approximately 8,000 feet northeast of the intersection of Louetta Road and
Stuebner-Airline Road, and 11,000 feet southeast of the intersection
of Spring Cypress Road and Stuebner-Airline Road, in Harris County,
Texas 77379.
Spring Center Inc has applied for a renewal of TPDES Permit No.
WQ0012637001 which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 6,000 gallons per day.
The facility is located at 22820 Interstate Highway 45 North, Spring in
Harris County, Texas 77373.
Corix Utilities Texas Inc has applied for a renewal of TPDES Permit
No. WQ0013548001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per
day via irrigation of 130 acres of non-public access pastureland from
Outfall 001, and the discharge of treated wastewater at a volume not to
exceed a daily average flow of 350,000 gallons per day from Outfall
002. The combined daily average flow from both Outfall 001 and 002
shall not exceed 700,000 gallons per day. No discharge into water in
the state is authorized from Outfall 001. This combined notice is being
issued to reflect the transfer of ownership from Lower Colorado River
Authority to Corix Utilities (Texas) Inc. on July 31, 2014. The transfer
was in accordance with 30 Texas Administrative Code, Section 305.64.
The transfer of ownership occurred after the initial publication of the
Notice Of Receipt of Application and Intent to Obtain a Water Quality
Permit. The facility and the disposal site are located at 101 Cool Water Drive, approximately 1.2 miles east-northeast of the intersection of
State Highway 95 and Farm-to-Market Road 1441, and approximately
6 miles north of the City of Bastrop in Bastrop County, Texas 78602.
City of Wellman has applied for a renewal of TCEQ Permit No.
WQ0013642001, which authorizes the disposal of treated domestic
wastewater at a daily average flow not to exceed 32,000 gallons per
day via surface irrigation of 33 acres of non-public access agricultural
land. This permit will not authorize a discharge of pollutants into
water in the state. The wastewater treatment facility and disposal site
are located approximately 0.25 mile north and 1.2 miles east of the
City of Wellman in Terry County, Texas 79378.
Encanto Real Utility District has applied for a renewal of TPDES Permit No. WQ0013648001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons
per day. The facility is located approximately 3-1/4 miles northwest of
the intersection of Interstate Highway 45 and Spring Stuebner Road,
just south of Spring Creek and north of the City of Houston in Harris
County, Texas 77389.
Corix Utilities Texas Inc has applied for a renewal of TPDES Permit
No. WQ0013740001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons
per day. This combined notice is being issued to reflect the transfer
of ownership from Lower Colorado River Authority to Corix Utilities
(Texas) Inc. on July 31, 2014. The transfer was in accordance with 30
Texas Administrative Code, Section 305.64. The transfer of ownership
occurred after the initial publication of the Notice Of Receipt of Application and Intent to Obtain a Water Quality Permit. The facility is
located at 1002 Alleyton Road, Alleyton, approximately 3.5 miles east
of Columbus, Texas and 1000 feet south of Interstate Highway 10 on
Farm-to-Market Road 102 in Colorado County, Texas 78935.
City of Lone Star has applied for a renewal of Permit No.
WQ0014365001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 440,000 gallons
per day. The facility is located approximately 1,500 feet east of U.S.
Highway 259 on Morris County Road 2315 and approximately 4,000
feet south of the intersection of U.S. Highway 259 and Farm-to-Market
Road 729 in Morris County, Texas 75668.
City of Clarksville City has applied for a renewal TPDES Permit No.
WQ0014572001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 95,000 gallons per
day. The facility is located at 4050 feet south of the intersection of
U.S. Highway 80 and Texas Street, Clarksville City in Gregg County,
Texas 75693.
AMDT LLC has applied for new TPDES Permit No. WQ0015274001,
to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located
approximately 1.7 miles north of the intersection of Farm-to-Market
Road 723 and Farm-to-Market Road 359, in Fort Bend County, Texas
77471.
Artesian Lakes Ltd has applied for new TPDES Permit No.
WQ0015281001, to authorize the discharge of treated domestic
wastewater at a daily average flow not to exceed 35,000 gallons per
day. The facility was previously permitted under TPDES Permit No.
WQ0014498001, which expired on February 1, 2014. The facility
is located approximately 2,211 feet south of State Highway 787 and
approximately 4,800 feet east of the Community of Romayor, in
Liberty County, Texas 77327.
The following do not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office
of the Chief Clerk, at the address provided in the information section
above, WITHIN (30) DAYS OF THE ISSUED DATE OF THE NOTICE.
Chevron Phillips Chemical Company LP which operates the Pasadena
Plastics Complex, has applied for a minor amendment to TPDES Permit No. WQ0000815000 to authorize flow to be estimated at Outfall
001 during times when the flume normally used to measure flow is inundated. The existing permit authorizes the discharge of process wastewater, cooling tower blowdown, boiler blowdown, domestic wastewater, stormwater, and hydrostatic test water at a daily average flow not
to exceed 4,300,000 gallons per day via Outfall 001; the discharge of
stormwater runoff and wash down water on an intermittent and flowvariable basis via Outfall 002; and the discharge of stormwater runoff
on an intermittent and flow-variable basis via Outfalls 003 and 004.
The facility is located at 1400 Jefferson Road, on the south side of the
Houston Ship Channel and approximately 0.5 mile west of the mouth
of Green's Bayou, Pasadena, Harris County, Texas 77506.
If you need more information about these permit applications or the
permitting process, please call the TCEQ Public Education Program,
Toll Free, at 1-800-687-4040. General information about the TCEQ
can be found at our web site at www.TCEQ.texas.gov. Si desea información en español, puede llamar al 1-800-687-4040.
TRD-201500086
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 14, 2015
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Texas Facilities Commission
Request for Proposals #303-5-20485
The Texas Facilities Commission ("TFC"), on behalf of the Department
of State Health Services ("DSHS"), announces the issuance of Request
for Proposals ("RFP") #303-5-20485. TFC seeks a five (5) or ten (10)
year lease of approximately 1,581 square feet of office space in Lampasas, Lampasas County, Texas.
The deadline for questions is February 4, 2015, and the deadline for
proposals is February 13, 2015, at 3:00 p.m. The award date is March
18, 2015. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a lease
on the basis of this notice or the distribution of an RFP. Neither this
notice nor the RFP commits TFC to pay for any costs incurred prior to
the award of a grant.
Parties interested in submitting a proposal may obtain information by
contacting the Program Specialist, Evelyn Esquivel at (512) 463-6494.
A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=115315.
TRD-201500085
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 14, 2015
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Request for Proposals #303-6-20484
The Texas Facilities Commission ("TFC"), on behalf of the Texas Department of Family and Protective Services (DFPS) and the Department of Assistive and Rehabilitative Services (DARS), announces the
issuance of Request for Proposals ("RFP") #303-6-20484. TFC seeks
a five (5) or ten (10) year lease of approximately 13,334 square feet of
office space in Laredo, Webb County, Texas.
IN ADDITION January 23, 2015
40 TexReg 399
The deadline for questions is February 3, 2015, and the deadline for
proposals is February 12, 2015, at 3:00 p.m. The award date is March
18, 2015. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a lease
on the basis of this notice or the distribution of an RFP. Neither this
notice nor the RFP commits TFC to pay for any costs incurred prior to
the award of a grant.
Parties interested in submitting a proposal may obtain information by
contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494.
A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=115226.
TRD-201500049
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 9, 2015
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The Department of State Health Services (department) proposed
amendments to 25 TAC §97.63, concerning immunization requirements in Texas elementary and secondary schools, in the January 16,
2015, issue of the Texas Register (40 TexReg 319). Due to a Texas
Register staff error, rule language in §97.63(2)(B)(iii)(II) and (vi)(II)
on page 322 was inadvertently bracketed and struck-through. That
language will be retained in the adopted rule. The corrected rule
language reads as follows:
(iii) MMR.
[(I) For the SY 2008 - 2009 through the end of any summer session
of the SY 2008 - 2009, students are required to have two doses of a
measles-containing vaccine, and one dose each of rubella vaccine and
mumps vaccine.]
[(II)] Beginning SY 2009 - 2010, students are required to have two
doses of MMR vaccine with the first dose received on or after the first
birthday for the following grades and school years:
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(I) [(-a-)] SY 2009 - 2010: K;...
Department of Family and Protective Services
***
Criminal History Requirements for Child Care Operations
(vi) Hepatitis A.
(Editor's note: In accordance with Texas Government Code,
§2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the charts are not
included in the print version of the Texas Register. The charts are
available in the on-line HTML version of the January 23, 2015, issue
of the Texas Register.)
[(I) For the SY 2008 - 2009 through the end of any summer session of
the SY 2008 - 2009, upon entry into kindergarten through third grade,
two doses of hepatitis A vaccine are required for students attending a
school located in a high incidence geographic area as designated by
the department. The first dose shall be administered on or after the second birthday. A current list of geographic areas, for which hepatitis
A is mandated for this time period, is avail-able at www.ImmunizeTexas.com, or by mail request at Department of State Health Services,
P.O. Box 149347, Austin Texas 78714-9347.]
Section 745.651 of this title (relating to What types of criminal convictions may affect a person's ability to be present at an operation?) states
that the three charts listed in subsection (a) of the section will be updated annually and published every January in the Texas Register as an
"In Addition" document. The three charts are entitled: (1) Licensed or
Certified Child Care Operations: Criminal History Requirements; (2)
Foster or Adoptive Placements: Criminal History Requirements; and
(3) Registered Child Care Homes and Listed Family Homes: Criminal
History Requirements. Each chart has three parts to it: an introduction
that explains the types of operations each chart covers, defines certain
terms used in the chart, and clarifies certain assumptions; a Table of
Contents; and the actual chart.
[(II)] For SY 2009 - 2010, students are required to have two doses
of hepatitis A vaccine with the first dose received on or after the first
birthday for the following grades and school years:
(I) [(a)] SY 2009 - 2010: K;...
TRD-201500083
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Texas Department of Insurance
There have been changes made to each chart, which include: (1) replacing the term "No Action Needed" with "No Action Required" for
clarity, but the actual definition remains the same; (2) clarifying the
definition for "Risk Evaluation"; (3) clarifying that effective March 1,
2015, a person currently on parole for any felony offense not otherwise
barrable must have an approved risk evaluation prior to being present
at an operation; (4) adding the Penal Code, Title 8, Offenses Against
Public Administration to the charts; (5) strengthening the Risk Evaluation requirements for Penal Code, Title 9, Offenses Against Public
Disorder and Decency, for those offenses related to animals; and (6)
updating the chart to add felonies and misdemeanors to some offenses
where they were not previously included and should have been.
Company Licensing
TRD-201500079
Trevor Woodruff
Interim General Counsel
Department of Family and Protective Services
Filed: January 13, 2015
Any objections must be filed with the Texas Department of Insurance,
within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333
Guadalupe Street, MC 305-2C, Austin, Texas 78701.
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Department of State Health Services
Correction of Error
40 TexReg 400
January 23, 2015
Texas Register
Application for incorporation in the State of Texas by OSCAR INSURANCE COMPANY OF TEXAS, a domestic life, accident and/or health
company. The home office is in Dallas, Texas.
Application for admission to the State of Texas by MAISON INSURANCE COMPANY, a foreign fire/and or casualty company. The home
office is in Baton Rouge, Louisiana.
Application for admission to the State of Texas by PEKIN LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Pekin, Illinois.
TRD-201500090
Sara Waitt
General Counsel
Texas Department of Insurance
Filed: January 14, 2015
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Texas Department of Licensing and Regulation
Vacancies on Electrical Safety and Licensing Advisory Board
The Texas Department of Licensing and Regulation (Department) announces three vacancies on the Electrical Safety and Licensing Advisory Board (Board) established by Texas Occupations Code, Chapter
1305. The pertinent rules may be found in 16 TAC §73.65. The purpose
of the Electrical Safety and Licensing Advisory Board is to provide advice and recommendations to the Texas Commission of Licensing and
Regulation (Commission) on technical matters relevant to the administration and enforcement of this chapter, including examination content,
licensing standards, electrical code requirements, and continuing education requirements.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board
consists of three master electrician members, three journeyman electrician members, and three public members. The advisory board members must include: two members who are affiliated with a statewide
association of electrical contractors not affiliated with a labor organization; three members who are affiliated with a labor organization; one
member who is not affiliated with a statewide association of electrical contractors or with a labor organization; one member who is affiliated with a historically underutilized business, as that term is defined
by §2161.001, Government Code; and one public member who is a
building contractor principally engaged in home construction and is
a member of a statewide building trade association. A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board. Members serve staggered six-year
terms. This announcement is for the positions of (1) a master electrician, (2) a journeyman electrician; and (3) a public member. At
least one member must represent a labor organization and one member who is affiliated with a historically underutilized business. Interested persons should submit an application on the Department website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx. Applicants can also request an application from the Department by telephone at (800) 803-9202, fax at (512) 475-2874 or e-mail to [email protected]
The Board is composed of five members appointed by the presiding
officer of the Commission, with the Commission's approval. The advisory board consists of the following members: four members who
represent used automotive parts businesses owned by domestic entities, as defined by §1.002, Business Organizations Code, one member
who represents a used automotive parts business owned by a foreign
entity, as defined by §1.002, Business Organizations Code; and may
not include more than one member from any one used automotive parts
business entity. Members serve terms of six years, with the terms of
one or two members expiring on February 1 of each odd-numbered
year. This announcement is for two representatives of used automotive
parts businesses owned by domestic entities.
Interested persons should submit an application on the Department
website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx. Applicants can also request an application from the Department by telephone at (800) 803-9202, fax at (512) 475-2874 or e-mail to [email protected]
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
TRD-201500074
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 12, 2015
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Texas Lottery Commission
Instant Game Number 1667 "Tetris®"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1667 is "TETRIS®". The play style
is "match 3 of X".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1667 shall be $2.00 per Ticket.
1.2 Definitions in Instant Game No. 1667.
Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.
A. Display Printing - That area of the Instant Game Ticket outside of
the area where the overprint and Play Symbols appear.
TRD-201500073
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: January 12, 2015
B. Latex Overprint - The removable scratch-off covering over the Play
Symbols on the front of the Ticket.
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Vacancies on Used Automotive Parts Recycling Advisory
Board
The Texas Department of Licensing and Regulation (Department) announces two vacancies on the Used Automotive Parts Recycling Advisory Board (Board) established by Texas Occupations Code, Chapter
2309. The purpose of the Used Automotive Parts Recycling Advisory
Board is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) and the Department
on: technical matters relevant to the administration and enforcement
of Chapter 2309, including licensing standards.
C. Play Symbol - The printed data under the latex on the front of the
Instant Ticket that is used to determine eligibility for a prize. Each
Play Symbol is printed in Symbol font in black ink in positive except
for dual-image games. The possible black Play Symbols are: $2.00,
$5.00, $10.00, $20.00, $30.00, $50.00, $100, $300, $1,000, $25,000
and TETRIS SYMBOL.
D. Play Symbol Caption -The printed material appearing below each
Play Symbol which explains the Play Symbol. One caption appears
under each Play Symbol and is printed in caption font in black ink in
positive. The Play Symbol caption which corresponds with and verifies
each Play Symbol is as follows:
IN ADDITION
January 23, 2015 40 TexReg 401
E. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the Ticket. The Serial
Number is for validation purposes and cannot be used to play the game.
The format will be: 0000000000000.
player wins that amount. If a player reveals a "TETRIS" Play Symbol,
the player wins $30 instantly! No portion of the Display Printing nor
any extraneous matter whatsoever shall be usable or playable as a part
of the Instant Game.
F. Low-Tier Prize - A prize of $2.00, $5.00, $7.00, $10.00, $15.00 or
$20.00.
2.1 Instant Ticket Validation Requirements.
G. Mid-Tier Prize - A prize of $30.00, $50.00, $70.00, $80.00, $100 or
$300.
H. High-Tier Prize - A prize of $1,000 or $25,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five
(5) Bar Code which will include a four (4) digit game ID, the seven
(7) digit Pack number, the three (3) digit Ticket number and the ten
(10) digit Validation Number. The Bar Code appears on the back of the
Ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the
four (4) digit game number (1667), a seven (7) digit Pack number, and
a three (3) digit Ticket number. Ticket numbers start with 001 and end
with 125 within each Pack. The format will be: 1667-0000001-001.
K. Pack - A Pack of "TETRIS®" Instant Game Tickets contains 125
Tickets, packed in plastic shrink-wrapping and fanfolded in pages of
two (2). One Ticket will be folded over to expose a front and back
of one Ticket on each Pack. All Packs will be tightly shrink-wrapped.
There will be no breaks between the Tickets in a Pack.
L. Non-Winning Ticket - A Ticket which is not programmed to be a
winning Ticket or a Ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
pursuant to the State Lottery Act and referenced in 16 TAC Chapter
401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
"TETRIS®" Instant Game No. 1667 Ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Ticket validation requirements set forth in
Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Instant Ticket.
A prize winner in the "TETRIS®" Instant Game is determined once
the latex on the Ticket is scratched off to expose 10 (ten) Play Symbols. The player scratches the entire play area to reveal 10 Prize Symbol amounts. If a player reveals 3 matching Prize Symbol amounts, the
40 TexReg 402
January 23, 2015
Texas Register
A. To be a valid Instant Game Ticket, all of the following requirements
must be met:
1. Exactly 10 (ten) Play Symbols must appear under the Latex Overprint on the front portion of the Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play
Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for
dual image games;
5. The Ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the Ticket;
8. The Ticket must not have a hole punched through it, be mutilated,
altered, unreadable, reconstituted or tampered with in any manner;
9. The Ticket must not be counterfeit in whole or in part;
10. The Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Ticket must not have been stolen, nor appear on any list of
omitted Tickets or non-activated Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and
Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Ticket must be complete and not miscut and have exactly 10
(ten) Play Symbols under the Latex Overprint on the front portion of
the Ticket, exactly one Serial Number, exactly one Retailer Validation
Code, and exactly one Pack-Ticket Number on the Ticket;
14. The Serial Number of an apparent winning Ticket shall correspond
with the Texas Lottery's Serial Numbers for winning Tickets, and a
Ticket with that Serial Number shall not have been paid previously;
15. The Ticket must not be blank or partially blank, misregistered,
defective or printed or produced in error;
16. Each of the 10 (ten) Play Symbols must be exactly one of those
described in Section 1.2C of these Game Procedures;
17. Each of the 10 (ten) Play Symbols on the Ticket must be printed
in the Symbol font and must correspond precisely to the artwork on
file at the Texas Lottery; the Ticket Serial Numbers must be printed in
the Serial font and must correspond precisely to the artwork on file at
the Texas Lottery; and the Pack-Ticket Number must be printed in the
Pack-Ticket Number font and must correspond precisely to the artwork
on file at the Texas Lottery;
18. The Display Printing on the Ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award
of prizes of the amount to be validated, and any confidential validation
and security tests of the Texas Lottery.
C. Any Instant Game Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's
discretion, refund the retail sales price of the Ticket. In the event a
defective Ticket is purchased, the only responsibility or liability of the
Texas Lottery shall be to replace the defective Ticket with another unplayed Ticket in that Instant Game (or a Ticket of equivalent sales price
from any other current Texas Lottery Instant Game) or refund the retail
sales price of the Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive Non-Winning Tickets within a Pack will not have
matching patterns of Prize Symbols.
B. A Ticket will win as indicated by the prize structure.
C. On winning and Non-Winning Tickets, the top cash prizes of $1,000
and $25,000 will each appear at least once, except on Tickets winning
three (3) times.
D. Players can win up to three (3) times on a Ticket.
E. Non-winning Prize Symbols will all be different (i.e., no matching),
unless restricted by other parameters, play action or prize structure.
F. The play area consists of ten (10) Prize Symbols.
G. The "TETRIS" (WIN$30) Prize Symbol will never appear on NonWinning Tickets.
H. The "TETRIS" (WIN$30) Prize Symbol will win $30 instantly, as
per the prize structure.
I. The "TETRIS" (WIN$30) Prize Symbol will not appear more than
one time on a Ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "TETRIS®" Instant Game prize of $2.00, $5.00, $7.00,
$10.00, $15.00, $20.00, $30.00, $50.00, $70.00, $80.00, $100 or $300,
a claimant shall sign the back of the Ticket in the space designated on
the Ticket and present the winning Ticket to any Texas Lottery Retailer.
The Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment of
the amount due the claimant and physically void the Ticket; provided
that the Texas Lottery Retailer may, but is not required, to pay a $30.00,
$50.00, $70.00, $80.00, $100 or $300 Ticket. In the event the Texas
Lottery Retailer cannot verify the claim, the Texas Lottery Retailer
shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated
by the Texas Lottery, a check shall be forwarded to the claimant in the
amount due. In the event the claim is not validated, the claim shall be
denied and the claimant shall be notified promptly. A claimant may
also claim any of the above prizes under the procedure described in
Section 2.3B and Section 2.3C of these Game Procedures.
B. To claim a "TETRIS®" Instant Game prize of $1,000 or $25,000, the
claimant must sign the winning Ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning Ticket
for that prize upon presentation of proper identification. When paying
a prize of $600 or more, the Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and
shall withhold federal income tax at a rate set by the IRS if required. In
the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "TETRIS®" Instant Game
prize, the claimant must sign the winning Ticket, thoroughly complete
a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not
responsible for Tickets lost in the mail. In the event that the claim is
not validated by the Texas Lottery, the claim shall be denied and the
claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct:
1. a sufficient amount from the winnings of a prize winner who has
been finally determined to be:
a. delinquent in the payment of a tax or other money to a state agency
and that delinquency is reported to the Comptroller under Government
Code §403.055;
b. in default on a loan made under Chapter 52, Education Code; or
c. in default on a loan guaranteed under Chapter 57, Education Code;
and
2. delinquent child support payments from the winnings of a prize
winner in the amount of the delinquency as determined by a court or a
Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
F. If a person is indebted or owes delinquent taxes to the State, and is
selected as a winner in a promotional second-chance drawing, the debt
to the State must be paid within 30 days of notification or the prize will
be awarded to an Alternate.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Ticket presented
for payment; or
IN ADDITION January 23, 2015
40 TexReg 403
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant
pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age
of 18 years is entitled to a cash prize under $600 from the "TETRIS®"
Instant Game, the Texas Lottery shall deliver to an adult member of the
minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
$600 or more from the "TETRIS®" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with
an adult member of the minor's family or the minor's guardian serving
as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or
within the applicable time period for certain eligible military personnel
as set forth in Texas Government Code §466.408. Any rights to a prize
that is not claimed within that period, and in the manner specified in
these Game Procedures and on the back of each Ticket, shall be forfeited.
2.9 Promotional Second-Chance Drawings.
Any non-winning
"TETRIS®" Instant Game scratch-off Ticket may be entered into
one of four promotional drawings for a chance to win a promotional
second-chance drawing prize. See instructions on the back of the
Ticket for information on eligibility and entry requirements.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game Ticket in the space designated, a Ticket shall be owned
by the physical possessor of said Ticket. When a signature is placed
on the back of the Ticket in the space designated, the player whose
signature appears in that area shall be the owner of the Ticket and shall
be entitled to any prize attributable thereto. Notwithstanding any name
or names submitted on a claim form, the Executive Director shall make
payment to the player whose signature appears on the back of the Ticket
in the space designated. If more than one name appears on the back of
the Ticket, the Executive Director will require that one of those players
whose name appears thereon be designated by such players to receive
payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game Tickets and shall not be required to pay on a lost or stolen Instant
Game Ticket.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of Tickets ordered. The number of actual prizes available in a game may vary based on number of Tickets manufactured,
testing, distribution, sales and number of prizes claimed. An Instant
Game Ticket may continue to be sold even when all the top prizes have
been claimed.
4.0 Number and Value of Instant Prizes. There will be approximately
9,120,000 Tickets in the Instant Game No. 1667. The approximate
number and value of prizes in the game are as follows:
A. The actual number of Tickets in the game may be increased or de-
creased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time,
announce a closing date (end date) for the Instant Game No. 1667 without advance notice, at which point no further Tickets in that game may
40 TexReg 404
January 23, 2015
Texas Register
be sold. The determination of the closing date and reasons for closing
will be made in accordance with the Instant Game closing procedures
and the Instant Game Rules. See 16 TAC §401.302(j).
6.0 Governing Law. In purchasing an Instant Game Ticket, the player
agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1667, the State Lottery Act (Texas Government Code,
Chapter 466), applicable rules adopted by the Texas Lottery pursuant
to the State Lottery Act and referenced in 16 TAC Chapter 401, and all
final decisions of the Executive Director.
TRD-201500075
Bob Biard
General Counsel
Texas Lottery Commission
Filed: January 13, 2015
♦
♦
♦
Instant Game Number 1676 "Cash Countdown"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1676 is "CASH COUNTDOWN".
The play style is "multiple games".
1.2 Definitions in Instant Game No. 1676.
A. Display Printing - That area of the Instant Game Ticket outside of
the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play
Symbols on the front of the Ticket.
C. Play Symbol - The printed data under the latex on the front of the
Instant Ticket that is used to determine eligibility for a prize. Each
Play Symbol is printed in Symbol font in black ink in positive except
for dual-image games. The possible black Play Symbols are: ANCHOR SYMBOL, LIMO SYMBOL, SPADE SYMBOL, BUTTERFLY SYMBOL, RING SYMBOL, LIGHTNING BOLT SYMBOL, 01,
02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, $5.00, $10.00, $15.00,
$20.00, $50.00, $100, $250, $1,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each
Play Symbol which explains the Play Symbol. One caption appears
under each Play Symbol and is printed in caption font in black ink
in positive. The Play Symbol Caption which corresponds with and
verifies each Play Symbol is as follows:
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1676 shall be $5.00 per Ticket.
IN ADDITION
January 23, 2015 40 TexReg 405
40 TexReg 406
January 23, 2015
Texas Register
E. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the Ticket. The Serial
Number is for validation purposes and cannot be used to play the game.
The format will be: 0000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $75.00, $100, $150, $250, $300
or $500.
H. High-Tier Prize - A prize of $1,000 or $100,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five
(5) Bar Code which will include a four (4) digit game ID, the seven
(7) digit Pack number, the three (3) digit Ticket number and the ten
(10) digit Validation Number. The Bar Code appears on the back of the
Ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the
four (4) digit game number (1676), a seven (7) digit Pack number, and
a three (3) digit Ticket number. Ticket numbers start with 001 and end
with 075 within each Pack. The format will be: 1676-0000001-001.
K. Pack - A Pack of "CASH COUNTDOWN" Instant Game Tickets
contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded
in pages of one (1). Ticket 001 will be shown on the front of the Pack;
the back of Ticket 075 will be revealed on the back of the Pack. All
Packs will be tightly shrink-wrapped. There will be no breaks between
the Tickets in a Pack. Every other book will reverse i.e., reverse order
will be: the back of Ticket 001 will be shown on the front of the Pack
and the front of Ticket 075 will be shown on the back of the Pack.
L. Non-Winning Ticket - A Ticket which is not programmed to be a
winning Ticket or a Ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
pursuant to the State Lottery Act and referenced in 16 TAC Chapter
401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
"CASH COUNTDOWN" Instant Game No. 1676 Ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Ticket validation requirements set forth in
Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Instant Ticket.
A prize winner in the "CASH COUNTDOWN" Instant Game is determined once the latex on the Ticket is scratched off to expose 35
(thirty-five) Play Symbols. GAME 1: The player scratches to reveal
3 Play Symbols. If the player reveals 2 matching Play Symbols, the
player wins $50. GAMES 2 - 4: For each GAME, the player scratches
to reveal one (1) WINNING NUMBER Play Symbol and three (3)
YOUR NUMBERS Play Symbols. If the player matches any of YOUR
NUMBERS Play Symbols to the WINNING NUMBER Play Symbol,
the player wins the prize below that number. Each GAME played separately. GAME 5: The player scratches to reveal one (1) WINNING
NUMBER Play Symbol and five (5) YOUR NUMBERS Play Symbols. If the player matches any of YOUR NUMBERS Play Symbols
to the WINNING NUMBER Play Symbol, the player wins the prize
below that number. Each GAME played separately. No portion of the
Display Printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game Ticket, all of the following requirements
must be met:
1. Exactly 35 (thirty-five) Play Symbols must appear under the Latex
Overprint on the front portion of the Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play
Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for
dual image games;
5. The Ticket shall be intact;
IN ADDITION January 23, 2015
40 TexReg 407
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
D. GAME 1: There will never be more than two (2) matching Play
Symbols in a game.
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the Ticket;
E. GAME 1: You can win up to one (1) time in this play area and wins
will appear as per the prize structure.
8. The Ticket must not have a hole punched through it, be mutilated,
altered, unreadable, reconstituted or tampered with in any manner;
F. GAMES 2 - 5: On winning and Non-Winning Tickets, the top cash
prizes of $100,000 and $1,000 will each appear at least once, except on
Tickets winning fourteen (14) or more times.
9. The Ticket must not be counterfeit in whole or in part;
10. The Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Ticket must not have been stolen, nor appear on any list of
omitted Tickets or non-activated Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and
Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Ticket must be complete and not miscut and have exactly
35 (thirty-five) Play Symbols under the Latex Overprint on the front
portion of the Ticket, exactly one Serial Number, exactly one Retailer
Validation Code, and exactly one Pack-Ticket Number on the Ticket;
14. The Serial Number of an apparent winning Ticket shall correspond
with the Texas Lottery's Serial Numbers for winning Tickets, and a
Ticket with that Serial Number shall not have been paid previously;
15. The Ticket must not be blank or partially blank, misregistered,
defective or printed or produced in error;
16. Each of the 35 (thirty-five) Play Symbols must be exactly one of
those described in Section 1.2.C of these Game Procedures;
17. Each of the 35 (thirty-five) Play Symbols on the Ticket must be
printed in the Symbol font and must correspond precisely to the artwork
on file at the Texas Lottery; the Ticket Serial Numbers must be printed
in the Serial font and must correspond precisely to the artwork on file at
the Texas Lottery; and the Pack-Ticket Number must be printed in the
Pack-Ticket Number font and must correspond precisely to the artwork
on file at the Texas Lottery;
18. The Display Printing on the Ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award
of prizes of the amount to be validated, and any confidential validation
and security tests of the Texas Lottery.
C. Any Instant Game Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's
discretion, refund the retail sales price of the Ticket. In the event a
defective Ticket is purchased, the only responsibility or liability of the
Texas Lottery shall be to replace the defective Ticket with another unplayed Ticket in that Instant Game (or a Ticket of equivalent sales price
from any other current Texas Lottery Instant Game) or refund the retail
sales price of the Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: Consecutive Non-Winning Tickets within a Pack will
not have matching patterns of either Play Symbols or Prize Symbols.
B. GENERAL: A Ticket will win as indicated by the prize structure.
C. GENERAL: A Ticket can win up to fifteen (15) times.
40 TexReg 408
January 23, 2015
Texas Register
G. GAMES 2 - 5: No duplicate non-winning YOUR NUMBERS Play
Symbols on a Ticket.
H. GAMES 2 - 5: Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.
I. GAMES 2 - 5: Tickets winning more than one (1) time will use
as many WINNING NUMBER Play Symbols as possible to create
matches, unless restricted by other parameters, play action or prize
structure.
J. GAMES 2 - 5: No duplicate WINNING NUMBER Play Symbols
will appear on a Ticket.
K. GAMES 2 - 5: YOUR NUMBERS Play Symbols will never equal
the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 15 and $15,
20 and $20, 50 and $50).
L. GAMES 2 - 5: On all Tickets, a Prize Symbol will not appear more
than four (4) times except as required by the prize structure to create
multiple wins.
M. GAMES 2 - 5: On Non-Winning Tickets, a WINNING NUMBER
Play Symbol will never match a YOUR NUMBERS Play Symbol.
N. GAMES 2 - 5: No WINNING NUMBER Play Symbol will match
a YOUR NUMBERS Play Symbol in another GAME.
O. GAMES 2 - 5: No YOUR NUMBERS Play Symbol will be the
same as any YOUR NUMBERS Play Symbol in a different GAME.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASH COUNTDOWN" Instant Game prize of $5.00,
$10.00, $15.00, $20.00, $50.00, $75.00, $100, $150, $250, $300 or
$500, a claimant shall sign the back of the Ticket in the space designated on the Ticket and present the winning Ticket to any Texas Lottery
Retailer. The Texas Lottery Retailer shall verify the claim and, if valid,
and upon presentation of proper identification, if appropriate, make
payment of the amount due the claimant and physically void the Ticket;
provided that the Texas Lottery Retailer may, but is not required, to pay
a $50.00, $75.00, $100, $150, $250, $300 or $500 Ticket. In the event
the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
Retailer shall provide the claimant with a claim form and instruct the
claimant on how to file a claim with the Texas Lottery. If the claim
is validated by the Texas Lottery, a check shall be forwarded to the
claimant in the amount due. In the event the claim is not validated, the
claim shall be denied and the claimant shall be notified promptly. A
claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CASH COUNTDOWN" Instant Game prize of $1,000
or $100,000, the claimant must sign the winning Ticket and present it
at one of the Texas Lottery's Claim Centers. If the claim is validated by
the Texas Lottery, payment will be made to the bearer of the validated
winning Ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file the
appropriate income reporting form with the Internal Revenue Service
(IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas
Lottery, the claim shall be denied and the claimant shall be notified
promptly.
C. As an alternative method of claiming a "CASH COUNTDOWN"
Instant Game prize, the claimant must sign the winning Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas
Lottery is not responsible for Tickets lost in the mail. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct:
1. A sufficient amount from the winnings of a prize winner who has
been finally determined to be:
a. delinquent in the payment of a tax or other money to a state agency
and that delinquency is reported to the Comptroller under Government
Code §403.055;
b. in default on a loan made under Chapter 52, Education Code; or
c. in default on a loan guaranteed under Chapter 57, Education Code;
and
2. delinquent child support payments from the winnings of a prize
winner in the amount of the delinquency as determined by a court or a
Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant
pending payment of the claim.
COUNTDOWN" Instant Game, the Texas Lottery shall deliver to an
adult member of the minor's family or the minor's guardian a check or
warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize
of $600 or more from the "CASH COUNTDOWN" Instant Game, the
Texas Lottery shall deposit the amount of the prize in a custodial bank
account, with an adult member of the minor's family or the minor's
guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or
within the applicable time period for certain eligible military personnel
as set forth in Texas Government Code §466.408. Any rights to a prize
that is not claimed within that period, and in the manner specified in
these Game Procedures and on the back of each Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of Tickets ordered. The number of actual prizes available in a game may vary based on number of Tickets manufactured,
testing, distribution, sales and number of prizes claimed. An Instant
Game Ticket may continue to be sold even when all the top prizes have
been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game Ticket in the space designated, a Ticket shall be owned
by the physical possessor of said Ticket. When a signature is placed
on the back of the Ticket in the space designated, the player whose
signature appears in that area shall be the owner of the Ticket and shall
be entitled to any prize attributable thereto. Notwithstanding any name
or names submitted on a claim form, the Executive Director shall make
payment to the player whose signature appears on the back of the Ticket
in the space designated. If more than one name appears on the back of
the Ticket, the Executive Director will require that one of those players
whose name appears thereon be designated by such players to receive
payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game Tickets and shall not be required to pay on a lost or stolen Instant
Game Ticket.
4.0 Number and Value of Instant Prizes. There will be approximately
8,280,000 Tickets in the Instant Game No. 1676. The approximate
number and value of prizes in the game are as follows:
2.5 Payment of Prizes to Persons Under 18. If a person under the age
of 18 years is entitled to a cash prize under $600 from the "CASH
IN ADDITION
January 23, 2015 40 TexReg 409
A. The actual number of Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
selected consultant will perform bus route planning work for two small
public transportation providers in the North Central Texas region.
5.0 End of the Instant Game. The Executive Director may, at any time,
announce a closing date (end date) for the Instant Game No. 1676 without advance notice, at which point no further Tickets in that game may
be sold. The determination of the closing date and reasons for closing
will be made in accordance with the Instant Game closing procedures
and the Instant Game Rules. See 16 TAC §401.302(j).
The consultant selected for this project is McDonald Transit Associates, Inc., 3800 Sandshell Drive, Suite 175, Fort Worth, Texas 76137.
The amount of the contract is not to exceed $125,000.
6.0 Governing Law. In purchasing an Instant Game Ticket, the player
agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1676, the State Lottery Act (Texas Government Code,
Chapter 466), applicable rules adopted by the Texas Lottery pursuant
to the State Lottery Act and referenced in 16 TAC Chapter 401, and all
final decisions of the Executive Director.
♦
♦
♦
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 2, 2015,
for true-up of 2012 Federal Universal Service Fund (FUSF) Impacts to
Texas Universal Service Fund (TUSF).
♦
North Central Texas Council of Governments
Notice of Contract Award for Bus Route Planning Services
Pursuant to the provisions of Government Code, Chapter 2254, the
North Central Texas Council of Governments publishes this notice of
consultant contract award. The consultant request appeared in the October 17, 2014, issue of the Texas Register (39 TexReg 8302). The
40 TexReg 410
♦
Public Utility Commission of Texas
Notice of Petition for True-Up of 2012 Federal Universal
Service Fund Impacts to Texas Universal Service Fund
TRD-201500089
Bob Biard
General Counsel
Texas Lottery Commission
Filed: January 14, 2015
♦
TRD-201500088
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 14, 2015
January 23, 2015
Texas Register
Docket Style and Number: Application of Eastex Telephone Cooperative, Inc. for True-Up of 2012 Federal Universal Service Fund Impacts
to the Texas Universal Service Fund, Docket Number 44054.
The Application: Eastex Telephone Cooperative, Inc. (Eastex) filed a
true-up report in accordance with Finding of Fact Nos. 12, 13 and 14
of the final Order in Docket Number 41423. In Docket Number 41423
the Public Utility Commission of Texas approved Eastex's application
to recover funds from the TUSF and ordered a true-up of the FUSF
revenue changes. This application addresses Eastex's final and actual
FUSF impact for 2012.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or
toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals
with text telephone (TTY) may contact the commission through Relay
Texas by dialing 7-1-1. All comments should reference Docket Number 44054.
TRD-201500037
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 9, 2015
♦
♦
A digital version of the Final EIS may be downloaded from the SH
45SW Project website at http://www.sh45sw.com. Paper copies of the
Final EIS and other information about the project may be requested
from TxDOT's District Office in Austin, Texas. Submit requests in
writing to TxDOT-Austin District, Attention: Jon Geiselbrecht, P.O.
Drawer 15426, Austin, TX 78761-5426 or by email to [email protected] Paper copies may be obtained at the requester's
expense.
TRD-201500093
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 14, 2015
♦
♦
Texas Department of Transportation
Notice of Availability: Final Environmental Impact Statement
(Final EIS) State Highway 45 Southwest in Travis and Hays
Counties, Texas
Pursuant to Texas Administrative Code, Title 43, §2.108, the Texas Department of Transportation (TxDOT) is advising the public of the availability of the Final EIS for the proposed construction of State Highway 45 Southwest (SH 45SW) in Travis and Hays Counties, Texas.
The project would construct a four-lane, limited access toll road. The
project limits extend from State Loop 1 (MoPac) to Farm-to-Market
Road (FM) 1626, a distance of approximately four miles.
The purpose of the project is to improve system connectivity, local mobility, and travel times, while providing an efficient alternative route to
congested local roadways in northern Hays and southern Travis Counties. The social, economic, and environmental impacts of the project
have been analyzed in the Final EIS.
The Final EIS further studies the build alternative proposed in the Draft
EIS and the no-build alternative, and identifies the build alternative as
the preferred alternative. The preferred alternative is investigated at a
higher level of detail in the Final EIS to facilitate the development of
mitigation measures and to comply with other regulatory requirements.
The preferred alternative would consist of a limited access toll facility
on new location and would include four 12-foot-wide lanes, 10-footwide outside shoulders, and four-foot-wide inside shoulders within a
pre-existing state-owned right-of-way that varies between 300 and 600
feet. The preferred alternative includes a 10-foot-wide bicycle and
pedestrian shared-use path along the entire length of the project. The
preferred alternative would not require the acquisition of any additional
right-of-way.
♦
♦
Notice of Availability of Draft Environmental Impact Statement
- State Highway 249 Extension from Farm-to-Market Road
1774 in Montgomery and Grimes Counties
Pursuant to Texas Administrative Code, Title 43, §2.108, the Texas
Department of Transportation (TxDOT) is advising the public of the
availability of the Draft Environmental Impact Statement (Draft EIS)
concerning the proposed construction of State Highway 249 Extension
(SH 249) in Montgomery and Grimes Counties, Texas. The project
would construct a four-lane, limited access toll road. The project limits
extend from Farm-to-Market Road (FM) 1774 in Pinehurst to FM 1774
north of Todd Mission, a distance of approximately 15 miles.
The purpose of the proposed SH 249 Extension is to efficiently link
the suburban communities and major roadways, enhance mobility and
safety, and respond to population growth and residential development
in the area. The social, economic, and environmental impacts of the
project have been analyzed in the Draft EIS. The Draft EIS studies four
build alternatives, the no build alternative, and identifies the B/C alternative as the Preferred Alternative. The Preferred Alternative would
consist of a limited access toll facility on new location and would typically include four 12-foot-wide lanes, 10-foot-wide outside shoulders,
and 4-foot-wide inside shoulders within a 400-foot right-of-way. The
Preferred Alternative would require the acquisition of 727 acres of additional right-of-way.
Although the Draft EIS identifies a Preferred Alternative, the final
selection of the Preferred Alternative would occur only after a public
comment period including a public hearing, consideration of comments, and evaluation of environmental effects.
The Draft EIS is on file and available for review at the following locations:
(1) TxDOT Houston District Office, 7600 Washington Avenue, Houston, TX 77007;
Copies of the Final EIS may be viewed at the http://www.sh45sw.com/
or at any of the following locations:
(2) TxDOT Montgomery County Area Office, 901 North FM 3083
East, Conroe, TX 77303;
1. TxDOT Austin District Office, 7901 N IH 35, Austin, TX 78753;
(3) TxDOT Bryan District Office, 2591 North Earl Rudder Freeway,
Bryan, TX 77803;
2. TxDOT Environmental Affairs Division, 118 E. Riverside Drive,
Austin, TX 78704;
(4) Malcolm Purvis Library, 510 Melton Street, Magnolia, TX 77354;
3. Austin Public Library, Hampton Branch at Oak Hill, 5125 Convict
Hill Road, Austin, TX 78749;
(5) Tomball Community Library/Lone Star College, 30555 SH 249,
Tomball, TX 77375;
4. Austin Public Library, Pleasant Hill Branch, 211 E. William Cannon
Drive, Austin, TX 78745; and
(6) Navasota Public Library, 1411 East Washington Avenue, Navasota,
TX 77868;
5. Buda Public Library, 303 Main Street, Buda, TX 78610.
(7) Montgomery County Library, Central Branch, 104 I-45 North, Conroe, TX 77301.
IN ADDITION January 23, 2015
40 TexReg 411
A digital version of the Draft EIS may be downloaded from the SH
249 Extension project website at http://www.txdot.gov/inside-txdot/projects/studies/houston/sh249-extension.html.
Paper copies of the Draft EIS and other information about the project
may be requested from TxDOT's District Office in Houston, Texas.
Submit requests in writing to TxDOT-Houston District, Attention: Director of Project Development, P.O. Box 1386, Houston, TX 772511386. Paper copies may be obtained at the requestor's expense.
Written comments regarding the Draft EIS may be submitted to
TxDOT-Houston District, Attention: Director of Project Development, P.O. Box 1386, Houston, TX 77251-1386. Comments will be
accepted at [email protected] or the project website at
http://www.txdot.gov/inside-txdot/projects/studies/houston/sh249-extension.html. The deadline to submit public comments will be not less
than 15 days after the date of the public hearing.
As required by TxDOT's rules, the department will publish a notice in
newspapers of a public hearing regarding the Draft EIS.
The environmental review, consultation, and other actions required by
applicable federal environmental laws for this project are being, or have
been, carried out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by
FHWA and TxDOT.
TRD-201500092
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 14, 2015
♦
♦
Interested parties who are unable to attend the hearing may submit comments regarding the proposed TTP to James W. Koch, P.E., Director of
Transportation Planning and Programming, P.O. Box 149217, Austin,
Texas 78714-9217. In order to be considered, all written comments
must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, February 23, 2015.
TRD-201500091
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 14, 2015
♦
♦
♦
Public Hearing Notice - Unified Transportation Program
The Texas Department of Transportation (department) will hold a public hearing on Thursday, February 12, 2015, at 10:00 a.m. at 118 East
Riverside Drive, First Floor ENV Conference Room, in Austin, Texas
to receive public comments on the proposed updates to the 2015 Unified Transportation Program (UTP).
♦
Public Hearing Notice - Texas Transportation Plan 2040
The Texas Department of Transportation (department) will hold a public hearing on Wednesday, February 11, 2015 at 10:00 a.m. at 200 East
Riverside Drive, Room 1A-2, in Austin, Texas to receive public comments on the Texas Transportation Plan (TTP) 2040. The TTP is the
24-year long-range multimodal plan for the state of Texas.
Transportation Code, §201.601, requires the department to develop
a statewide transportation plan that contains all modes of transportation. Title 23, United States Code, §135 requires the state to develop
a long-range statewide transportation plan that provides for the development and implementation of the intermodal transportation system
of the state. The Texas Transportation Commission has adopted rules
located in Title 43, Texas Administrative Code, Chapter 16, governing
the planning and development of transportation projects, which include
guidance regarding public involvement related to the development of
the TTP.
A copy of the proposed TTP will be available for review at each of the
department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5132,
and on the department's website at: http://www.txdot.gov.
Persons wishing to speak at the hearing may register in advance by
notifying Michelle Conkle, Transportation Planning and Programming
Division, at (512) 486-5132 not later than Tuesday, February 10, 2015,
or they may register at the hearing location beginning at 9:00 a.m. on
the day of the hearing. Speakers will be taken in the order registered.
Any interested person may appear and offer comments or testimony,
either orally or in writing; however, questioning of witnesses will be
reserved exclusively to the presiding authority as may be necessary to
ensure a complete record. While any persons with pertinent comments
40 TexReg 412
or testimony will be granted an opportunity to present them during the
course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker.
Speakers are requested to refrain from repeating previously presented
testimony. Persons with disabilities who have special communication
or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division at 118 East
Riverside Drive Austin, Texas 78704-1205, (512) 486-5053. Requests
should be made no later than Friday, February 6, 2015. Every reasonable effort will be made to accommodate the needs.
January 23, 2015
Texas Register
The UTP is a 10-year program that guides the development and authorizes construction of transportation projects and projects involving
aviation, public transportation, and the state's waterways and coastal
waters. The Texas Transportation Commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing
the planning and development of transportation projects, which include
guidance regarding public involvement related to adoption of the UTP
and approval of any updates to the program.
Information regarding the proposed updates to the 2015 UTP will be
available at each of the department's district offices, at the department's
Transportation Planning and Programming Division offices located in
Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas,
or (512) 486-5038, and on the department's website at: http://www.txdot.gov/public_involvement/utp.html.
Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division, at (512)
486-5038 not later than Wednesday, February 11, 2015, or they may
register at the hearing location beginning at 9:00 a.m. on the day of the
hearing. Speakers will be taken in the order registered. Any interested
person may appear and offer comments or testimony, either orally or
in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony
will be granted an opportunity to present them during the course of the
hearing, the presiding authority reserves the right to restrict testimony
in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division, at 118 East Riverside
Drive Austin, Texas 78704-1205, (512) 486-5038. Requests should be
made no later than three days prior to the hearing. Every reasonable
effort will be made to accommodate the needs.
Interested parties who are unable to attend the hearing may submit comments regarding the updates to the 2015 UTP to James W. Koch, Director of the Transportation Planning and Programming Division, P.O.
Box 149217, Austin, Texas 78714-9217. Interested parties may also
submit comments regarding the updates to the 2015 UTP by phone at
(800) 687-8108. In order to be considered, all comments must be received at the Transportation Planning and Programming office by 4:00
p.m. on Monday, February 23, 2015.
TRD-201500072
Leonard Reese
Associate General Counsel
Texas Department of Transportation
Filed: January 12, 2015
♦
♦
The Request for Proposal (RFP) contains all the proposal submission
requirements and may be obtained by contacting Tamara Carter at
(254) 296-5367 or e-mailing [email protected] Respondents may submit questions about the procurement to Ms. Carter
from January 12 - 16, 2015. The RFP can be downloaded from the
Workforce Solutions for the Heart of Texas website: www.hotworkforce.com, beginning January 12, 2015.
Proposals are due no later than 5:00 p.m. (CST) January 23, 2015.
Workforce Solutions Heart of Texas Child Care Services
1416 S. New Road
Waco, Texas 76711
(254) 296-5367
♦
Workforce Solutions for the Heart of Texas
Public Notice Request for Proposal for Texas Rising Star
Assessor Services
Workforce Solutions for the Heart of Texas is the administrative entity
for programs funded by the Texas Workforce Commission and Department of Labor. Workforce Solutions for the Heart of Texas Child Care
Services is soliciting proposals to provide Texas Rising Star (TRS) Assessor Services in McLennan, Falls, Bosque, Freestone, Limestone and
Hill Counties.
The Heart of Texas Workforce Board is an equal opportunity employer/programs and auxiliary aids and services are available upon
request to include individuals with disabilities.
TTY/TDD via RELAY Texas service at 711 or (TDD) 1-800-7352989/1-800-735-2988 (voice).
TRD-201500036
Julie Talbert
Workforce Child Care and Transportation Manager
Workforce Solutions for the Heart of Texas
Filed: January 8, 2015
♦
♦
IN ADDITION January 23, 2015
♦
40 TexReg 413
Open Meetings
Statewide agencies and regional agencies that extend into four or more counties post
meeting notices with the Secretary of State.
Meeting agendas are available on the Texas Register's Internet site:
http://www.sos.state.tx.us/open/index.shtml
Members of the public also may view these notices during regular office hours from a
computer terminal in the lobby of the James Earl Rudder Building, 1019 Brazos (corner
of 11th Street and Brazos) Austin, Texas. To request a copy by telephone, please call
512-463-5561. Or request a copy by email: [email protected]
For items not available here, contact the agency directly. Items not found here:
• minutes of meetings
• agendas for local government bodies and regional agencies that extend into fewer
than four counties
• legislative meetings not subject to the open meetings law
The Office of the Attorney General offers information about the open meetings law, including Frequently Asked Questions, the Open Meetings Act Handbook, and Open
Meetings Opinions. http://texasattorneygeneral.gov/og/open-government
The Attorney General's Open Government Hotline is 512-478-OPEN (478-6736) or tollfree at (877) OPEN TEX (673-6839).
Additional information about state government may be found here:
http://www.texas.gov
...
Meeting Accessibility. Under the Americans with Disabilities Act, an individual with a
disability must have equal opportunity for effective communication and participation in
public meetings. Upon request, agencies must provide auxiliary aids and services, such as
interpreters for the deaf and hearing impaired, readers, large print or Braille documents.
In determining type of auxiliary aid or service, agencies must give primary consideration
to the individual's request. Those requesting auxiliary aids or services should notify the
contact person listed on the meeting notice several days before the meeting by mail,
telephone, or RELAY Texas. TTY: 7-1-1.
How to Use the Texas Register
Information Available: The 14 sections of the Texas
Register represent various facets of state government. Documents
contained within them include:
Governor - Appointments, executive orders, and
proclamations.
Attorney General - summaries of requests for opinions,
opinions, and open records decisions.
Secretary of State - opinions based on the election laws.
Texas Ethics Commission - summaries of requests for
opinions and opinions.
Emergency Rules- sections adopted by state agencies on an
emergency basis.
Proposed Rules - sections proposed for adoption.
Withdrawn Rules - sections withdrawn by state agencies
from consideration for adoption, or automatically withdrawn by
the Texas Register six months after the proposal publication date.
Adopted Rules - sections adopted following public comment
period.
Texas Department of Insurance Exempt Filings - notices of
actions taken by the Texas Department of Insurance pursuant to
Chapter 5, Subchapter L of the Insurance Code.
Texas Department of Banking - opinions and exempt rules
filed by the Texas Department of Banking.
Tables and Graphics - graphic material from the proposed,
emergency and adopted sections.
Transferred Rules- notice that the Legislature has
transferred rules within the Texas Administrative Code from one
state agency to another, or directed the Secretary of State to
remove the rules of an abolished agency.
In Addition - miscellaneous information required to be
published by statute or provided as a public service.
Review of Agency Rules - notices of state agency rules
review.
Specific explanation on the contents of each section can be
found on the beginning page of the section. The division also
publishes cumulative quarterly and annual indexes to aid in
researching material published.
How to Cite: Material published in the Texas Register is
referenced by citing the volume in which the document appears,
the words “TexReg” and the beginning page number on which that
document was published. For example, a document published on
page 2402 of Volume 40 (2015) is cited as follows: 40 TexReg
2402.
In order that readers may cite material more easily, page numbers
are now written as citations. Example: on page 2 in the lower-left
hand corner of the page, would be written “40 TexReg 2 issue
date,” while on the opposite page, page 3, in the lower right-hand
corner, would be written “issue date 40 TexReg 3.”
How to Research: The public is invited to research rules and
information of interest between 8 a.m. and 5 p.m. weekdays at the
Texas Register office, Room 245, James Earl Rudder Building,
1019 Brazos, Austin. Material can be found using Texas Register
indexes, the Texas Administrative Code section numbers, or TRD
number.
Both the Texas Register and the Texas Administrative Code are
available online at: http://www.sos.state.tx.us. The Texas Register
is available in an .html version as well as a .pdf version through
the internet. For website information, call the Texas Register at
(512) 463-5561.
Texas Administrative Code
The Texas Administrative Code (TAC) is the compilation of
all final state agency rules published in the Texas Register.
Following its effective date, a rule is entered into the Texas
Administrative Code. Emergency rules, which may be adopted by
an agency on an interim basis, are not codified within the TAC.
The TAC volumes are arranged into Titles and Parts (using
Arabic numerals). The Titles are broad subject categories into
which the agencies are grouped as a matter of convenience. Each
Part represents an individual state agency.
The complete TAC is available through the Secretary of
State’s website at http://www.sos.state.tx.us/tac.
The Titles of the TAC, and their respective Title numbers are:
1. Administration
4. Agriculture
7. Banking and Securities
10. Community Development
13. Cultural Resources
16. Economic Regulation
19. Education
22. Examining Boards
25. Health Services
28. Insurance
30. Environmental Quality
31. Natural Resources and Conservation
34. Public Finance
37. Public Safety and Corrections
40. Social Services and Assistance
43. Transportation
How to Cite: Under the TAC scheme, each section is designated
by a TAC number. For example in the citation 1 TAC §27.15: 1
indicates the title under which the agency appears in the Texas
Administrative Code; TAC stands for the Texas Administrative
Code; §27.15 is the section number of the rule (27 indicates that
the section is under Chapter 27 of Title 1; 15 represents the
individual section within the chapter).
How to update: To find out if a rule has changed since the
publication of the current supplement to the Texas Administrative
Code, please look at the Index of Rules. The Index of Rules is
published cumulatively in the blue-cover quarterly indexes to the
Texas Register. If a rule has changed during the time period
covered by the table, the rule’s TAC number will be printed with
the Texas Register page number and a notation indicating the type
of filing (emergency, proposed, withdrawn, or adopted) as shown
in the following example.
TITLE 1. ADMINISTRATION
Part 4. Office of the Secretary of State
Chapter 91. Texas Register
1 TAC §91.1……..........................................950 (P)
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